Geliebter v. First National Bank

Appellate Court of Illinois

Geliebter v. First National Bank

194 Ill. App. 339, 1915 Ill. App. LEXIS 495

CourtAppellate Court of Illinois

DecidedJune 17, 1915

DocketGen. No. 20,197

StatusPublished

Cited by1 cases

This text of 194 Ill. App. 339 (Geliebter v. First National 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

Geliebter v. First National Bank, 194 Ill. App. 339, 1915 Ill. App. LEXIS 495 (Ill. Ct. App. 1915).

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Opinion

Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Escrows, § 1*—what unnecessary to prove in 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 for the sale of real estate, aver and prove a consideration, as a prima facie case is made out by offering the checks in evidence and proving the signatures. 4. Escrows, § 12*—who has burden of proving failure of eonsideration. 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. Escrows, § 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, if the purchaser should fail 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.

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Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Escrows, § 1*—what unnecessary to prove in 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 for the sale of real estate, aver and prove a consideration, as a prima facie case is made out by offering the checks in evidence and proving the signatures. 4. Escrows, § 12*—who has burden of proving failure of eonsideration. 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. Escrows, § 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, if the purchaser should fail 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.

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194 Ill. App. 339, 1915 Ill. App. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geliebter-v-first-national-bank-illappct-1915.

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