Union Stock Yards National Bank v. Dumond

Appellate Court of Illinois

Union Stock Yards National Bank v. Dumond

33 Ill. App. 102, 1889 Ill. App. LEXIS 324

DecidedMay 8, 1889

StatusPublished

This text of 33 Ill. App. 102 (Union Stock Yards National Bank v. Dumond) 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.

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Union Stock Yards National Bank v. Dumond, 33 Ill. App. 102, 1889 Ill. App. LEXIS 324 (Ill. Ct. App. 1889).

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Opinion

Garnett, P. J.

The facts in this case are set out in the opinion of this court filed at this term in Dumond v. Merchants National Bank. On those facts the court below, in this suit of appellee against appellant, found the issues for appellee and rendered judgment accordingly.

The decision in Drovers national Bank v. O’Hare, 119 Ill. 646, we regard as controlling authority in this case. The fault of the Drovers Bank was in wrongfully delivering O’Hare’s money to the northwestern national Bank. Here the fault of the Stock Yards Bank was in depositing the money of Dumond with the Merchants national Bank, without preserving its identity in pursuance of instructions which were entirely plain. Having accepted the money with the instructions it should have pursued the course marked out for it.

If there is any substantial distinction between this case and the Drovers Bank case, we fail to perceive it.

Judgment affirmed.

Gaby, J., took no part in this case.

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Garnett, P. J.

The facts in this case are set out in the opinion of this court filed at this term in Dumond v. Merchants National Bank. On those facts the court below, in this suit of appellee against appellant, found the issues for appellee and rendered judgment accordingly.

The decision in Drovers national Bank v. O’Hare, 119 Ill. 646, we regard as controlling authority in this case. The fault of the Drovers Bank was in wrongfully delivering O’Hare’s money to the northwestern national Bank. Here the fault of the Stock Yards Bank was in depositing the money of Dumond with the Merchants national Bank, without preserving its identity in pursuance of instructions which were entirely plain. Having accepted the money with the instructions it should have pursued the course marked out for it.

If there is any substantial distinction between this case and the Drovers Bank case, we fail to perceive it.

Judgment affirmed.

Gaby, J., took no part in this case.

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33 Ill. App. 102, 1889 Ill. App. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-stock-yards-national-bank-v-dumond-illappct-1889.

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