Swartz v. Earls

Citations

• 53 Ill. 237

Syllabus

<p>1. Contbacts—obligation to pay money collected, to a third person. A soldier placed his discharge in the hands of an attorney, for the purpose of collecting his bounty, which, when collected, and after deducting the attorney’s fee, was to be paid to the wife of the soldier, as appeared from the attorney’s receipt. Afterwards, and before any money was paid over, the soldier obtained a divorce from his wife, and entered into a contract with her, whereby he transferred to her his claim for bounty, in consideration of her undertaking to take charge of their children: Held, the attorney, having no notice of such contract of transfer, would be protected in paying the money to the husband, after the contract was made.</p> <p>2. Revocation of authority to pay money to a third person. An attorney, receiving a claim for collection, stated in his receipt therefor that the money, when collected, was to be paid to a third person. This was held to be merely an authority to the attorney to dispose of the proceeds of the claim in that manner, and such authority could at any time be revoked.</p>