National Bank of Detroit v. Sachs

Full title: National Bank of Detroit, Appellant, v. David Sachs, Appellee

Court: Appellate Court of Illinois, First District

Date published: May 14, 1942

314 Ill. App. 570 (Ill. App. Ct. 1942)

41 N.E.2d 989

Opinion

Gen. No. 42,023. (Abstract of Decision.)

Opinion filed May 14, 1942 Rehearing denied June 5, 1942

NEGOTIABLE INSTRUMENTS, § 202^_ — bona fide holder, bank crediting proceeds of check as a deposit. Where a bank accepted a check of another bank and deposited it to the account of a customer who drew checks on the account before the deposited check returned with a stopped payment notation, in a suit by the bank on the check against the drawer, the bank was a holder in due course of the check up to the amount of the overdraft and could recover the amount thereof.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. JOSEPH B. HERMES, presiding.

Order reversed and judgment here for plaintiff. Heard in second division, first district, this court at October term, 1941.

Beckman, Healy, Reid Hough, for appellant;

Daniel M. Healy, of counsel;

William Jaffe, for appellee;

Harry Jaffe, of counsel.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed May 14, 1942; rehearing denied June 5, 1942.