Wyman v. Fort Dearborn National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. On September 1, 1896, the First National Bank of Helena, Montana, drew its check upon the Fort Dearborn National Bank of Chicago for §10,000, in favor of appellant.
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Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. On September 1, 1896, the First National Bank of Helena, Montana, drew its check upon the Fort Dearborn National Bank of Chicago for §10,000, in favor of appellant. At the time this check was given the Fort Dear-born National Bank had in its possession, on deposit to the credit of the First National Bank of Helena, §20,528.67. The Fort Dearborn National Bank at the same time held a certificate of deposit of date May…
1Opinion of the CourtJustice Phillips
It is insisted by the appellant that by the execution and delivery of its check for $10,000 against the deposit account of the Fort Dearborn National Bank, the First National Bank of Helena assigned and transferred to the appellant, from that deposit account, an amount sufficient to pay the check on September 1, 1896, the time at which it was drawn, and as sustaining this contention appellant cites National Bank of America v. Indiana Banking Co. 114 Ill. 483, Abt v. American Trust and Savings Bank, 159 id. 467, and Gage Hotel Co. v. Union Nat. Bank, 171 id. 531.
The principle is clearly…
2Cases cited5 opinions
- Bickford v. First National BankIllinois Supreme Court · 1866
- National Bank of America v. Indiana Banking Co.Illinois Supreme Court · 1885
- Hunt v. DivineIllinois Supreme Court · 1865
- Farwell v. Importers & Traders' National Bank of New YorkNew York Court of Appeals · 1882
- Tripp v. CurteniusMichigan Supreme Court · 1877
3Cited by10 opinions
- Nineteenth Ward Bank v. First National BankMassachusetts Supreme Judicial Court · 1903
- Olsen v. Valley National Bank of AuroraAppellate Court of Illinois · 1968
- Hampton Loan & Exchange Bank v. LightseySupreme Court of South Carolina · 1930
- In re FergusonCourt of Appeals for the Seventh Circuit · 2016
- Bair v. WillisSupreme Court of Georgia · 1963
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