North v. Campbell

Citations

• 72 Ill. 380

Syllabus

<p>1. Draft—liability of the drawer when he appropriates the fund drawn upon. An intestate, in his lifetime, caused his agent to draw a draft against funds which he had provided for the purpose of meeting such draft, and afterwards, having occasion to use such funds for other purposes, induced the holder of the draft not to present it for payment, and then appropriated all the funds in the hands of the drawee: Held, that this was an appropriation of the money of the holder to the amount of the draft, and that the holder was entitled to recover against his estate the amount of the draft, with legal interest from the time the money was appropriated by the intestate.</p> <p>2. In such a case, the recovery is not upon the draft, but for money of the claimant had and received and appropriated to his own use by the intestate, which, in equity and good conscience, his estate ought to repay.</p>