Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 197

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 197

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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: ... is whether the La Salle Street National Bank, having acquired possession of the checks through false or forged indorsement, was liable to the payee for their conversion. The principal contention of defendant in error is that' there was no conversion by its predecessor, the La Salle Street National Bank, of the checks, or misappropriation of the proceeds thereof. We are of the opinion that when Robertson handed a check to the La Salle Street National Bank and was paid the amount thereof, the bank converted such check. In McC0mbie '0. Davis, 5 East, 538, 540, Lord Ellenborough said: Bentley, Murray & Co. v. LaSalle St. T. & S. Bk., 197 Ill. App. 322. "A man is guilty of conversion who takes my property by assignment from another who has no authority to dispose of it. For what is that but assisting that other in carrying his wrongful act into effect?" Trover may be maintained for notes and bills, and the measure of damages is prima facie, the amount of their face. It is well settled that a forged indorsement does not pass title to commercial paper negotiable only by indorsement and does not justify the payment of such paper. Graves v. American Exchange Bank, 17 N. Y. 205; People 12. Bank of North America, 75 N. Y. 547; Robinson '0. Chemical Nat. Bank, 86 N. Y. 404; Shafier o. McKee, 19 Ohio St. 526; Fine Arts Society o. Union Bank, 12 Q. B. Div. 705; Rauch v. Fort Dearborn Nat. Bank, 223 Ill. 507. In Williams '0. Wall, 60 Mo. 318, the plaintiff was the owner of a draft, which one Bailey won from him at gambling. Bailey indorsed it over to the defendant, who had knowledge of the facts. The defendant collected the proceeds of the draft and the plaintiff sued him in conversion. The statute of Missouri makes absolutely...
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Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236786637
  • 9781236786630