Legal Opinion

American Exchange National Bank v. Theummler

Illinois Supreme Court

Decided February 21, 1902PublishedCited by 6 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is an action in assumpsit, brought on May 27, 1896, by the appellee against the appellant bank.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is an action in assumpsit, brought on May 27, 1896, by the appellee against the appellant bank. The declaration contains only the common counts for money loaned and advanced, money paid, laid out and expended, money had and received for the use, of plaintiff, money due for interest, and money due on account stated. The case was tried before the court and a jury, and upon a stipulation of facts, with leave, however, to…

1Opinion of the CourtJustice Magruder

When appellee left her draft, which was payable to her order, with the South Side Savings Bank of Milwaukee, she endorsed the draft in blank. She did not sell the draft to the South Side Savings Bank of Milwaukee, but left it for collection only. The draft was sent by the South Side Savings Bank of Milwaukee to the appellant to be collected, but the appellant, it is conceded, had no notice or knowledge, that the draft had been left with the Milwaukee bank for collection only and that the Milwaukee bank received the draft from appellee, as agent, and not as owner. So far as appellant knew,…

2Cases cited7 opinions

  1. Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
  2. President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1843
  3. President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1848
  4. McBride v. . the Farmers' BankNew York Court of Appeals · 1863
  5. Lawrence v. Stonington BankSupreme Court of Connecticut · 1827

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Kamfner v. Auburn Park Trust & Savings BankIllinois Supreme Court · 1931
  2. Anderson v. Keystone Chemical Supply Co.Illinois Supreme Court · 1920
  3. Continental National Bank v. First National BankMississippi Supreme Court · 1904
  4. Home Bank & Trust Co. v. BogoradAppellate Court of Illinois · 1926
  5. First Nat. Bank v. BiancaMississippi Supreme Court · 1935

1 more not listed; retrieve them via the Exa API.

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