{
  "id": 2948845,
  "name": "E. F. Heywood, Jr., for use of Greenville Stone & Gravel Company, Appellee, v. Old Colony Trust & Savings Bank, Appellant",
  "name_abbreviation": "Heywood ex rel. Greenville Stone & Gravel Co. v. Old Colony Trust & Savings Bank",
  "decision_date": "1917-03-12",
  "docket_number": "Gen. No. 22,721",
  "first_page": "300",
  "last_page": "302",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 300"
    }
  ],
  "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": 0.548,
    "pagerank": {
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    "sha256": "fdc3dbd6892e18bc6125483ff3b610735c3fa07666c8d495b2af6e652746b91a",
    "simhash": "1:06d1f19480e28114",
    "word_count": 717
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  "last_updated": "2023-07-14T20:49:07.214052+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. F. Heywood, Jr., for use of Greenville Stone & Gravel Company, Appellee, v. Old Colony Trust & Savings Bank, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\n2. Banks and banking, \u00a7 90 \u2014when funds in account of depositor are wrongfully applied upon account of third person. Where a party holding funds in trust deposited same in a bank to his personal account, held that the legal title to such funds was in the depositor and the equitable title in the one for whom the depositor held them in trust, and that the bank wrongfully applied the funds upon the account of a third party, a corporation, of whom the depositor was an officer.\n3. Interest, \u00a7 5*\u2014when allowed. Where a bank wrongfully refused payment of a check drawn upon the drawer\u2019s account therein, the funds of which it had illegally applied upon the account of another, held that the drawer would be entitled, upon recovery for the amount of the check, in an action for the use of the equitable owner, to interest either' upon the theory that there was an unreasonable and vexatious delay in withholding payment or on the theory that interest will be allowed on money received to the use of another.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "King, Brower & H.urlbut, for appellant.",
      "John L. Hopkins, John W. Creekmur and D. J. DeWolfe, for appellee."
    ],
    "corrections": "",
    "head_matter": "E. F. Heywood, Jr., for use of Greenville Stone & Gravel Company, Appellee, v. Old Colony Trust & Savings Bank, Appellant.\nGen. No. 22,721.\n(Not to be reported in full.)\nAppeal from the Municipal Court of' Chicago; the Hon. Charles N. Goodnow, Judge, presiding. Heard in this court at the October term, 1916.\nCertiorari denied by Supreme Court (making opinion final).\nAffirmed.\nOpinion filed March 12, 1917.\nRehearing denied March 26, 1917.\nStatement of the Case.\nAction by E. F. Heywood, Jr., for use of Greenville Stone & Gravel Company, a corporation, plaintiff, against Old Colony Trust & Savings Bank, a corporation, defendant, to recover the amount of a check drawn by the plaintiff upon his account in the defendant bank which the defendant refused to pay when same was presented. \u201e From a judgment for plaintiff for $1,632.53, defendant appeals.\nThe plaintiff was secretary of the Marsh Company, commission brokers in the purchase and sale of contractors\u2019 machinery and equipment, which negotiated for the Greenville Stone & Gravel Company a deal with the Village of Forest Park for the purchase of certain boilers for $1,500, less'the'cost of dismantling and loading the boilers, the Marsh Company\u2019s commission on the deal being $500. Checks by the beneficial plaintiff for these amounts were given to the Marsh Company, which indorsed same and plaintiff deposited the $1,500 check to his personal account in the bank, but the bank credited same to its debt due from the Marsh Company and notified that company and plaintiff thereof. Plaintiff then drew his check for $1,498.50 upon his personal account to the order of the president of the beneficial plaintiff who presented same for payment and payment was refused. Defendant claimed a set-off for the full amount of plaintiff\u2019s claim, to which plaintiff filed affidavit that the Marsh Company had no ownership or interest in plaintiff\u2019s check or the funds represented thereby, that the equitable interest therein was in the beneficial plaintiff, and that plaintiff was not agent for the Marsh Company in making deposits of that company to plaintiff\u2019s credit in the bank. Judgment was for the amount of the check with interest.\nAbstract of the Decision.\n1. Banks and banking, \u00a7 90 \u2014when evidence is sufficient to show that funds represented by check equitably belonged to third person. Evidence held to show that the funds represented by a certain check drawn to the order of the company of which plaintiff was secretary and deposited by the plaintiff, after indorsement by the company, to his personal account in the defendant bank equitably belonged to the beneficial plaintiff and were held by the plaintiff in trust, and that the company to whose order the check was drawn had no interest, legal or equitable, in such funds, in an action to recover the amount of a check drawn by the plaintiff upon his said account which the defendant refused to pay.\nKing, Brower & H.urlbut, for appellant.\nJohn L. Hopkins, John W. Creekmur and D. J. DeWolfe, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, tame topic and section number."
  },
  "file_name": "0300-01",
  "first_page_order": 326,
  "last_page_order": 328
}