Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... when it has itself honored the check us it was actually drawn. The plaintiff bank was entitled, if it saw fit, to pay the check to the amount actually due from it to Burgess & Sons, if the defendant was willing to accept that sum. To this Burgess & Sons could have made no objection. . . . "The money which was the subject of the mistake was $7,500. In the forenoon of September 4, and neeessarily before the check f the defendant could be treated as paid, three checks, together amounting to $1,425, were drawn from the deposit of Burgess & Sons, which was nominally $17,145.46. These two sums being deducted from this deposit, there remained $8,220.40, for which Burgess & Sons had a right to draw. The amount which the plaintiff is entitled to recover is the difference between this sum and $15,000 (the amount of the check), with interest from the date of the writ." This doctrine is well illustrated in Illinois Trust
