Opinion
Gen. No. 43,827. (Abstract of Decision.)
Opinion filed May 26, 1948 Released for publication June 10, 1948
ESCROWS, § 14 — ratification of delivery. In trust company's action on open account for escrow and trust fees, wherein defendant filed counterclaim for damages for breach of escrow agreement by allegedly unauthorized delivery of bonds out of escrow, evidence required conclusion as matter of law that defendant knew of delivery of bonds and by his conduct ratified delivery; hence verdict and judgment for defendant on counterclaim were unauthorized.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. CHARLES S. DOUGHERTY, Judge, presiding.
Reversed. Heard in the third division, first district, this court at the October term, 1946.
Kirkland, Fleming, Green, Martin Ellis and Harold L. Reeve, for appellant;
William Wilson, of counsel;
Walter F. Dodd, John A. Brown and John O'C. Fitzgerald, for appellee.
Not to be published in full. Opinion filed May 26, 1948; released for publication June 10, 1948.