The Union Nat'l Bank v. the Oceana County Bank.

• Court: Illinois Supreme Court
• Writing for the Court: SCOTT
• Citation: The Union Nat'l Bank v. the Oceana County Bank., 80 Ill. 212, 1875 WL 8736, 22 Am.Rep. 185 (Ill. 1875)
• Decision Date: 30 September 1875
• Parties: THE UNION NATIONAL BANKv.THE OCEANA COUNTY BANK.

80 Ill. 212

1875 WL 8736 (Ill.)

22 Am.Rep. 185

THE UNION NATIONAL BANK

v.THE OCEANA COUNTY BANK.

Supreme Court of Illinois.

September Term, 1875.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Cook county; the Hon. LAMBERT TREE, Judge, presiding.

Messrs. FULLER & SMITH, for the appellant.

Messrs. J. C. & J. J. KNICKERBOCKER, for the appellee.

Mr. CHIEF JUSTICE SCOTT delivered the opinion of the Court:

This action is upon a check drawn by James H. Ledlie, on the Union National Bank of Chicago, in favor of Underhill and Gray, and by them indorsed and delivered to the Oceana County Bank, located at Pentwater, in Michigan. The declaration contains a special count upon the check, and also the common money counts. On the trial, plaintiff recovered a judgment for the amount of the check, with interest, and defendant brings the cause to this court on appeal.

The evidence shows there was no unreasonable delay in presenting the check to defendant for payment, and, notwithstanding it is shown the bank had funds in its possession on deposit subject to check, at the time, belonging to the drawer, in excess of the amount of the check, payment was refused, for the reason the drawer had previously ordered the bank not to pay it.

The facts proven in this case bring it clearly within the rule declared in Munn et al. v. Burch et al. 25 Ill. 35. The doctrine of that case has been so frequently affirmed in other cases in this court, it is not necessary now to discuss it as a new question. The principle of all the cases in this court on this subject is, that, when a depositor draws his check on his banker, who has funds to an equal or greater sum than his check, it operates to transfer the sum named to the...