Church v. First National Bank
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by E. F. Church, O. R. Chaffee, W. J. Ellinwood and D. F. Henry, against the First Rational Bank of Chicago, to recover the sum of $1700, paid by the bank to Ellinwood.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by E. F. Church, O. R. Chaffee, W. J. Ellinwood and D. F. Henry, against the First Rational Bank of Chicago, to recover the sum of $1700, paid by the bank to Ellinwood. The plaintiffs contended that there was an arrangement between the partners, and known to the bank, that Church alone was authorized to check for the money of the firm, and that Ellinwood had no authority to draw the same.
1Opinion of the CourtChief Justice Scholfield
The facts, so far as material to the question upon which, in our opinion, this ease turns, are these: Church, Chaffee, Ellinwood and Henry were in partnership, engaged in buying and selling seeds, etc., in Chicago, under the firm name of “The Chicago Seed Company.” They deposited money with “ The First National Bank of Chicago,” and drew checks against it in their business. This deposit, at the time of the great fire in October, 1871, amounted to $1766. After the fire the partnership business was not further prosecuted, and Ellinwood, on a check drawn by him as “ Superintendent of the Chicago…
2Cases cited1 opinion
- Marine Co. v. CarverIllinois Supreme Court · 1866
3Cited by7 opinions
- Harris v. Water & Light Co.Tennessee Supreme Court · 1901
- White v. CampbellSupreme Court of Rhode Island · 1893
- Edwards v. HatfieldNebraska Supreme Court · 1913
- Felter v. MaddockNew York Court of Common Pleas · 1895
- Horner v. BennettAppellate Court of Illinois · 1926
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