Niblack v. Park National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neeley, Judge, presiding. On June 17,1890, Cook & Leake, doing business as the Bank of Hartford, and having sufficient funds on deposit to their credit with the appellee, the Park National Bank of Chicago, drew a check for, $1056 upon the latter bank, payable to appellant, William C. Niblack, and delivered it to him.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neeley, Judge, presiding. On June 17,1890, Cook & Leake, doing business as the Bank of Hartford, and having sufficient funds on deposit to their credit with the appellee, the Park National Bank of Chicago, drew a check for, $1056 upon the latter bank, payable to appellant, William C. Niblack, and delivered it to him. On the morning of the 20th following, the Comptroller of the Currency seized the property and assets of the Park National Bank and…
1Opinion of the CourtJustice Wilkin
It is contended by appellant, that inasmuch as at the time of the making and presentment of the check the Park National Bank held sufficient funds belonging to the maker of the check to pay it, and at that time had taken no steps to appropriate the deposit to the payment of the note in its favor, the bank could not afterwards appropriate this fund to the payment of its note and refuse to pay the check. On the other hand, it is contended by appellee, first, that the check was not properly presented for payment; and next, if it was presented, even after presentment the bank had the right to…
2Cases cited2 opinions
- Bickford v. First National BankIllinois Supreme Court · 1866
- Fourth National Bank v. City National BankIllinois Supreme Court · 1873
3Cited by8 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Everglade Cypress Co. v. Tunnicliffe, as Liqdr.Supreme Court of Florida · 1933
- Hammon v. PaineCourt of Appeals for the First Circuit · 1932
- Cook v. LewisAppellate Court of Illinois · 1912
- Heiple v. LehmanAppellate Court of Illinois · 1933
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