McCausland v. Wheeler Savings Bank
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Geokge Dkjggs, Judge, presiding. Appellants were parties doing business as live stock commission merchants ■ at the Union Stock Yards at Chicago; appellee is a banker at Brookfield, Missouri. One F. M. Harrison in the latter part of 1887 went from Chicago to Brookfield and began to purchase stock and ship it to appellants.
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Appeal from the Circuit Court of Cook County; the Hon. Geokge Dkjggs, Judge, presiding. Appellants were parties doing business as live stock commission merchants ■ at the Union Stock Yards at Chicago; appellee is a banker at Brookfield, Missouri. One F. M. Harrison in the latter part of 1887 went from Chicago to Brookfield and began to purchase stock and ship it to appellants. Before going he told appellants that he had $200 in cash and that he wished to buy stock and ship to them for sale, and wished to know if they would honor his draft for $2,000. They told him they would. Harrison went to…
1Opinion of the Court
"Waterman, P. J.
If a consignee takes a consignment with, knowledge that a draft has been drawn against it, he can not retain the consignment or its proceeds and repudiate the draft. Hall v. Bank, 133 Ill. 234; Jones on Liens, Sec. 61.
Whether appellants took the consignment of the last two cars of stock shipped by Harrison with notice that a draft or drafts had been drawn -against such shipments, was a question of fact, which has'been found against appellants.
From the entire course of dealing appellants had (when they received the last two cars) reason to believe that drafts, discounted by…
2Cases cited1 opinion
- Hall v. First National BankIllinois Supreme Court · 1890
3Cited by7 opinions
- Shannon v. WolfIllinois Supreme Court · 1898
- First National Bank v. Rogers-Amundson-Flynn Co.Supreme Court of Minnesota · 1922
- Wolf & Son v. ShannonAppellate Court of Illinois · 1893
- First State Bank of Aberdeen v. ThuetSupreme Court of Minnesota · 1903
- Seckel v. York National BankAppellate Court of Illinois · 1895
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