American Export Lines v. First Nat. Bank

Full title: American Export Lines, Inc., Appellant, v. First National Bank of Chicago…

Court: Appellate Court of Illinois, First District

Date published: Apr 20, 1942

314 Ill. App. 385 (Ill. App. Ct. 1942)

41 N.E.2d 213

Opinion

Gen. No. 41,951. (Abstract of Decision.)

Opinion filed April 20, 1942

NEGOTIABLE INSTRUMENTS, § 120^_ — endorsement by representative or agent. Where the general agent of plaintiff travel bureau had authority to receive payments in cash or checks and he indorsed one of plaintiff's checks, used part of proceeds for travel refunds, part were remitted to New York office, and the balance used to pay expenses of plaintiff's western office in charge of the general agent, plaintiff received the benefit of the checks, and the bank paying the cheek was not bound by any secret instructions to the agent to remit all checks directly to the New York office.

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

Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.

Reversed. Heard in first division, first district, this court at October term, 1941.

Eugene P. Kealy, for appellant;

Lederer, Livingston, Kahn Adsit, for appellee;

Harry H. Kahn and Sherman P. Cohen, of counsel.

Opinion by PRESIDING JUSTICE McSURELY.

"Not to be published in full." Opinion filed April 20, 1942.