{
  "id": 2895340,
  "name": "Walenty J. Kasperski, Appellee, v. Stanley Karaskiewiez, Defendant, and Cicero State Bank, Garnishee. Frank G. Hajicek, Intervening Petitioner, Appellant",
  "name_abbreviation": "Kasperski v. Karaskiewiez",
  "decision_date": "1915-03-23",
  "docket_number": "Gen. No. 19,910",
  "first_page": "113",
  "last_page": "114",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 113"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.482,
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    "sha256": "4a405fe6c8ab12ebdc597893b771283431f45c908f165e7bd995dc63ea76d823",
    "simhash": "1:82725a37311f1589",
    "word_count": 618
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  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Walenty J. Kasperski, Appellee, v. Stanley Karaskiewiez, Defendant, and Cicero State Bank, Garnishee. Frank G. Hajicek, Intervening Petitioner, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gridley\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Gridley"
      }
    ],
    "attorneys": [
      "Smejkal, Klenha & Krasa and Charles A. Churan, for appellant.",
      "Ross C. Hall, Wiley W. Mills and William H. Holly, for appellee."
    ],
    "corrections": "",
    "head_matter": "Walenty J. Kasperski, Appellee, v. Stanley Karaskiewiez, Defendant, and Cicero State Bank, Garnishee. Frank G. Hajicek, Intervening Petitioner, Appellant.\nGen. No. 19,910.\n(Not to be reported in full.)\nAppeal from, the Circuit Court of Cook county; the Hon. Benjamin W. Pope, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nAffirmed.\nOpinion filed March 23, 1915.\nRehearing denied April 8, 1915.\nStatement of the Case.\nAction in attachment by \"Walenty J. Kasperski, plaintiff, against Stanley Karaskiewicz, defendant, to recover the sum of six hundred and fifty dollars, the Cicero State Bank being served as garnishee and Frank Gr. Hajicek filing an intervening petition.\nThe evidence shows that defendant obtained from plaintiff a loan of six hundred and fifty dollars, for the purpose of making a deposit on a bid which defendant was making on a contract to be awarded by the school district. Plaintiff deposited the amount in the Cicero State Bank in defendant\u2019s name, whereupon he drew a check for the amount, dated August 10,1911, payable \u201cto the order of Otto F. Heller, Sec\u2019y School Dist. No. 99,\u201d which was certified by the bank and delivered by defendant to Heller for the purpose of deposit on the bid. On the failure of defendant to secure the bid, the check was returned to him by Heller without indorsement, on August 25, 1911. The garnish ee in this action was served on the same day, but before the return of the check to defendant. On the following day, defendant and two others indorsed it and the check was cashed by the intervening petitioner\u2019s cashier, who testified that he knew and relied upon the additional indorsers and made no inquiry as to the lack of Heller\u2019s indorsement.\nAbstract of the Decision.\n1. Banks and banking, \u00a7 126 \u2014when title to funds not passed by drawing and certification of Chech. The mere drawing by a depositor of a check payable to the order of a third person and its certification by the drawee bank do not pass the title to the fund, from the depositor to the payee where there is merely a conditional delivery of the check to the payee and the check is returned by the payee to the depositor.\n2. Banks and banking, \u00a7 142*\u2014who not a holder of Chech in due course. After the drawee bank had been served with garnishee summons against the drawer of a check payable to a third person, which it had certified, the drawer of the check and two others indorsed it and, without having the payee\u2019s indorsement, a third person relying on the additional indorsements, cashed it. Held, that such third person was not a holder in due course and that his equity was not superior to that of the plaintiff.\n3. Gabnishmbnt, \u00a7 76*\u2014who not necessary party. Where the payee of a check drawn on a fund which it is sought to garnishee has returned the check to the drawer unindorsed and enters an appearance and files an affidavit denying any interest in or title to the check, it is not necessary that he be served with garnishee summons.\nHeller entered appearance and filed an affidavit stating the facts relative to his receiving and returning the check and that neither he nor the board of education had any interest in the check.\nFrom a judgment for plaintiff for six hundred and fifty dollars, the intervening petitioner appeals.\nSmejkal, Klenha & Krasa and Charles A. Churan, for appellant.\nRoss C. Hall, Wiley W. Mills and William H. Holly, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0113-01",
  "first_page_order": 137,
  "last_page_order": 138
}