Bartholomae & Roesing Brewing & Malting Co. v. South Side Trust & Savings Bank

Appellate Court of Illinois

Bartholomae & Roesing Brewing & Malting Co. v. South Side Trust & Savings Bank

194 Ill. App. 654, 1915 Ill. App. LEXIS 577

CourtAppellate Court of Illinois

DecidedOctober 5, 1915

DocketGen. No. 19,615

StatusPublished

This text of 194 Ill. App. 654 (Bartholomae & Roesing Brewing & Malting Co. v. South Side Trust & Savings Bank) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bartholomae & Roesing Brewing & Malting Co. v. South Side Trust & Savings Bank, 194 Ill. App. 654, 1915 Ill. App. LEXIS 577 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. 1. Payment, § 6*—when note operates as. A note accepted as payment operates as a satisfaction of the pre-existing debt for which it is given. 2. Payment, § 6*—when evidence sufficient to show. In an action to recover on an unpaid check, made by defendant payable to the order of plaintiff, where defendant sought to set off the amount of an unpaid check made by plaintiff payable to the order of a third person, who deposited it in defendant’s bank, and received from defendant the amount thereof, and where parties stipulated that certain funds standing to the credit of the payee in said bank had been applied “in part payment” of the check sought to be set off, and that certain notes were received by defendant “in payment of the balance” of the amount due on said check, a judgment allowing the set-off held erroneous, for the reason that it must be inferred from the language of the stipulation that such application of funds and such notes were received by defendant in payment of the liability on the check sought to be s,et off.

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Mr. Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. 1. Payment, § 6*—when note operates as. A note accepted as payment operates as a satisfaction of the pre-existing debt for which it is given. 2. Payment, § 6*—when evidence sufficient to show. In an action to recover on an unpaid check, made by defendant payable to the order of plaintiff, where defendant sought to set off the amount of an unpaid check made by plaintiff payable to the order of a third person, who deposited it in defendant’s bank, and received from defendant the amount thereof, and where parties stipulated that certain funds standing to the credit of the payee in said bank had been applied “in part payment” of the check sought to be set off, and that certain notes were received by defendant “in payment of the balance” of the amount due on said check, a judgment allowing the set-off held erroneous, for the reason that it must be inferred from the language of the stipulation that such application of funds and such notes were received by defendant in payment of the liability on the check sought to be s,et off.

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Bluebook (online)

194 Ill. App. 654, 1915 Ill. App. LEXIS 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartholomae-roesing-brewing-malting-co-v-south-side-trust-savings-illappct-1915.