Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 194

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 194

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...XI to XV, and Cumulative Quarterly, same topic and section number. Byrnes v. Zemoan, 194 Ill. App. 341. deposited with him as money, and hold the proceeds, instead of the checks. 3. Escnows, 1'--what unnecessary to prove tn action by holder. It is not necessary that an escrow holder, who is suing a bank upon certified checks deposited with such escrow holder as earnest money, in lieu of the actual cash, in the course of the making of a. contract tor the sale of real estate, aver and prove a consideration, as a prima facie case is made out by oflerlng the checks in evidence and proving the signatures. 4. Escnows, 12"--who has burden of proving failure of cons1'd eratlon. The burden lies upon the defendant, in an action by an escrow holder against a bank upon certified-checks, to establish want or failure of consideration by competent evidence. 5. Escnows, Q 1---when evidence shows consideration. A consideration for the giving of checks deposited with plaintiffs as escrow holders and subsequently certified by defendant bank, held established by a contract for the sale of real estate, reciting that the purchaser had deposited with the escrow holder a certain sum as earnest money to be held for the mutual benefit of both parties concerned, and that, it the purchaser should tail to perform his agreement, such earnest money should be retained by the vendor as liquidated damages, in the absence of evidence tending to prove a subsequent failure of consideration. Error to the Municipal Court of Chicago; the Hon. WILLIAM N. GI-IMMILL. Judge, presiding. Heard in the Branch Appellate Court at the October term, 1914. Reversed and remanded. Opinion filed June 17, 1915. Statement of the Case. Action by John T. Byrnes, as...show more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236913884
  • 9781236913883