Springfield Marine & Fire Insurance v. Peck

Citations

• 102 Ill. 265
• 1882 Ill. LEXIS 23

Syllabus

<p>1. Error&emdash;who may assign&emdash;only party injuriously affected. On bill for separate maintenance by a wife, the relief prayed for was granted, and a decree rendered also against a bank, which was made a co-defendant, for a portion of moneys paid over by it to the assignee of the husband after the service of an injunction on it, the assignment being only colorable, from which decree the bank alone appealed: Held, that the bank could not call in question the decree against the husband, or urge that the sum allowed was excessive, or that there was error in allowing a sum in gross, as it had no interest jn such questions.</p> <p>2. Injunction&emdash;to • preserve property for alimony or separate maintenance. Where a wife, in her bill for a divorce or for separate maintenance, alleges that her husband is about to place his property beyond the jurisdiction of the court to control it, a court of equity will assume, by temporary injunction, to preserve the property within its control, so that it may be charged by a decree for alimony or separate maintenance, if granted.</p> <p>3. Same&emdash;party paying money in violation of injunction&emdash;liability. AVhere a bank, in a suit by a wife against her husband for separate maintenance, was enjoined from paying to the husband, or to any other person upon his order or indorsement, any money on deposit in the bank, generally or specially, by the husband, and the bank, after the service of the injunction, paid the sum deposited with ‘it to an assignee of the certificates of deposit,- it was held, that the bank paid the same at its peril, and the assignment of the certificates being shown to be merely colorable, the bank was held liable for the deposit, the same as if it had kept the same.</p> <p>4. Assignment—when payment is enjoined. While it is true that a bank issuing certificates of deposit is not bound, before paying the same to an indorsee, to ascertain whether the assignment was in good faith, yet if it is enjoin