Nelson v. First National Bank
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a proceeding in chancery, instituted hy the appellant against the appellee, in the Superior Court of Chicago, to compel appellee to pay certain checks drawn upon it by one George M. Allen, and which checks, it was alleged, appellee had promised appellant it would pay, and which were thereupon taken by appellant on the faith of such promise, for a cargo of corn sold to Allen.
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Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a proceeding in chancery, instituted hy the appellant against the appellee, in the Superior Court of Chicago, to compel appellee to pay certain checks drawn upon it by one George M. Allen, and which checks, it was alleged, appellee had promised appellant it would pay, and which were thereupon taken by appellant on the faith of such promise, for a cargo of corn sold to Allen. On the hearing in the court below, the bill was dismissed for want of equity, to reverse which, the case is brought to this…
1Opinion of the CourtJustice Lawrence
This case arises upon the same state of facts set forth in The Bank v. Pettit & Smith, 41 Ill. 492, with one material and controlling difference. In this case, it appears that the promise of the bank to pay the check drawn by Allen in purchase of the cargo of corn, was communicated to appellant both by Allen himself and by Hutchinson, one of the bank directors;and appellant’s then partner, who sold the corn, testifies he knew Allen was not pecuniarily responsible, and that he took the check solely on the credit given by the promise of the bank to pay. This fact did not appear in the Pettit &…
2Cases cited9 opinions
- Townsley v. SumrallSupreme Court of the United States · 1829
- Coolidge v. PaysonSupreme Court of the United States · 1817
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- Boyce & Henry v. EdwardsSupreme Court of the United States · 1830
- Storer v. LoganMassachusetts Supreme Judicial Court · 1812
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- Merchant v. O'RourkeSupreme Court of Iowa · 1900
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