Legal Opinion

Henshaw v. State Bank

Illinois Supreme Court

Decided April 23, 1909PublishedCited by 6 opinions

AppEae from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. This is a suit over the fund represented by two certificates issued by the department of public works of the city of Chicago.

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AppEae from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. This is a suit over the fund represented by two certificates issued by the department of public works of the city of Chicago. The first one was numbered 79, dated November 11, 1890, and certified that D. S. Place had advanced $7164.35 for laying water pipes, and that the amount would be refunded to him, without interest, from any money belonging to the water tax fund in the city treasury not otherwise appropriated,…

1Opinion of the CourtJustice Carter

The main question argued in this case is whether the appellant bank took the certificates in good faith, without notice of appellees’ title. The evidence in this record shows that when James H. Christian took the first certificate to the appellant bank he told the president of the bank that the certificate was given to his brother, H. W. Christian, when a division was made by the trustees of the land association, as his part of the profits of the land trust. The president thereupon told Christian that hfe would have to obtain the endorsement of H. W. Christian. The certificate was already…

2Cases cited4 opinions

  1. Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
  2. Barbour v. WhiteIllinois Supreme Court · 1865
  3. Zeigler v. HughesIllinois Supreme Court · 1870
  4. Chicago Title & Trust Co. v. BruggerIllinois Supreme Court · 1902

3Cited by6 opinions

  1. Kelly v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1935
  2. Ayers v. City of JacksonvilleAppellate Court of Illinois · 1912
  3. Jones v. State Tax CommissionUtah Supreme Court · 1940
  4. Polish National Alliance of the United States of North America v. LipinskiAppellate Court of Illinois · 1937
  5. Mtr. of Knox (Columbia Banking)New York Court of Appeals · 1985

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