Legal Opinion

Myeks v. Union National Bank

Appellate Court of Illinois

Decided September 18, 1888PublishedCited by 6 opinions

Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Assumpsit by appellant against appellee on three checks drawn in September, 1883, by J. B. Snyder, then a banker at Chenoa, Illinois. They were as follows: September 10, 1883, §1,000; September 17, 1883, §1,200; and September 17? 1883, §1,600. The three checks were exactly alike, except as to dates and amounts.

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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Assumpsit by appellant against appellee on three checks drawn in September, 1883, by J. B. Snyder, then a banker at Chenoa, Illinois. They were as follows: September 10, 1883, §1,000; September 17, 1883, §1,200; and September 17? 1883, §1,600. The three checks were exactly alike, except as to dates and amounts. The first was as follows: “ §1,000. “ Bank of Chenoa, | (Duplicate unpaid.) J. B. Snyder, Banker, j “ Chenoa, III., Sep. 10, 1883. “Pay to the order of Fred Myers, Esq., one thousand and no…

1Opinion of the CourtGarnett, J.

The first telegram from Haynes, Gordon & Co. to appellee was either a mere application for information or a request for acceptance. If the former, appellee is not estopped to deny its liability, because the reply stated the truth and appellant was not injured thereby; neither did lie purchase the drafts (or checks) on the faith of such reply. Treating the telegram, however, as a request to accept payable on the following Monday, the reply of the bank can not be regarded as a compliance with the request. There is a distinct implication in the words “ Drafts named are good now,” that the bank…

2Cases cited3 opinions

  1. National Bank of America v. Indiana Banking Co.Illinois Supreme Court · 1885
  2. Coffman v. D. C. Campbell & Co.Illinois Supreme Court · 1877
  3. First National Bank v. Pettit & SmithIllinois Supreme Court · 1866

3Cited by6 opinions

  1. First National Bank v. Commercial Savings BankSupreme Court of Kansas · 1906
  2. Fort Dearborn National Bank v. BlumenzweigAppellate Court of Illinois · 1892
  3. Colcord v. Banco De TamaulipasAppellate Division of the Supreme Court of the State of New York · 1918
  4. National Safe & Lock Co. v. PeopleAppellate Court of Illinois · 1893
  5. Bank of Antigo v. Union Trust Co.Appellate Court of Illinois · 1893

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