People ex rel. Clemens v. Smith

Citations

• 43 Ill. 219

Syllabus

<p>1. Payment—must be made to the prop&r person. A, the owner of certain bonds of this State, applied to .the State Treasurer for payment of the accrued interest thereon, which was refused, for the reason that said interest had been paid to one B, who had presented to the treasurer a power of attorney, properly acknowledged, and purporting to have been executed by A, authorizing such payment to be made to B. On petition by A for a peremptory mandamus to compel the treasurer to pay said interest to him,—Held: It appearing by the evidence that such power of attorney was never executed by A, and that he is the true owner of the bonds, payment of the interest on them by the treasurer to another and different person does not discharge the State.</p> <p>2. If such powor of attorney was not a forged one, and made by a person bearing the same name as A, but not the identical A to whom the bonds belonged, payment to such person simulating the true owner, is no payment.</p> <p>3. In such case the treasurer took the risk of the identity of A, and through his negligence A’s identity was not established, and payment was made to the wrong person, it is no discharge of the State to the real party-entitled to it.</p> <p>4. Where a custodian of money pays it out to the wrong person, of whose identity he is not assured, such payment, though made to one simulating the real party, is no bar to recovery by the latter.</p> <p>5. The State Auditor being a party to the application, through whom alone the treasurer can pay out money, a peremptory mcmdamua will issue to the auditor, requiring him to issue his warrant upon the treasurer for the amount of interest due.</p>