First Natl. Bank of Decatur v. Priest

Citations

• 50 Ill. 321

Syllabus

<p>1. Money had and deceived—when recoverable. The First National Bank of Decatur having advanced a sum of money to the owner of a lot of whisky, the latter employed the bank to ship the whisky for him to New York to be sold, and out of the proceeds the bank was to retain the money advanced and a reasonable commission for shipping and selling. The whisky was shipped and sold accordingly, and the proceeds received by the bank. Held, that the bank was liable to the owner of the whisky for the money so received, and this, independently of the question whether National Banks are, by their charters, authorized to sell produce on commission.</p> <p>2. Padol evidence—as to contents of an account of sales. A party who had sold the property of another, on commission, through a third person, and received the proceeds thereof, on inquiry by the owner of the property as to the returns from the sale, showed him the account of the sale in writing, which had been returned by the person who made the sale: Held, in an action by the party for whom the property was sold, to recover the proceeds, that it was competent for the plaintiff to testify, orally, as to the amount appearing to be due him from the written account of the sale so shown to him, without giving the defendant notice to produce it; such papers are but statements of third parties, and are not regarded as instruments which must be produced in evidence.</p>