Opinion
Gen. No. 9,680. (Abstract of Decision.)
Opinion filed August 14, 1941
1. BANKING, § 7 — relation between bank and depositor. Where one deposits money with a bank and his account is credited therewith, relationship of debtor and creditor arises.
See Callaghan's Illinois Digest, same topic and section number.
2. PARTIES, § 11fn_ — right of intervention. The right to intervene is not an absolute right, and where such intervention will result in injecting into a suit issues foreign thereto, and which only serve to complicate the case, intervention will be denied.
3. BANKING, § 44fn_ — intervention in action for deposit by third party to whom money wrongfully paid. In action by depositor against bank to recover deposit wrongfully paid to husband of depositor, husband had no right to intervene to claim that the money was rightfully his, and such matters could be raised only by bank in defense of its act.
Appeal from Circuit Court of Iroquois county; Hon. ROSCOE C. SOUTH, presiding.
Reversed and remanded with directions. Heard in this court at May term, 1941.
Milo J. Fleming, for appellant;
A. Fred Kendall, for certain appellee;
Pallissard Smith, for certain other appellee.
"Not to be published in full." Opinion filed August 14, 1941.