Opinion
Gen. No. 41,163. (Abstract of Decision.)
Opinion filed November 4, 1940 Rehearing denied November 18, 1940
NEGOTIABLE INSTRUMENTS, § 120 — unauthorized indorsement by agent, effect of principal receiving proceeds of check. Where general agent of payee indorsed check and eventually it was cashed by plaintiff, payee could not subsequently cause plaintiff's bank to charge plaintiff's account with amount of cheek by contending that the agent lacked authority to indorse, where such agent had forwarded to payee all but $63 of the face value of the cheek, and there was no suggestion that judgment for plaintiff should be reduced by such amount.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. ROBERT J. DUNNE, presiding.
Affirmed. Heard in first division, first district, this court at April term, 1940.
Eugene P. Kealy, for appellants American Export Lines, Inc., and United States Fidelity and Guaranty Company;
Weissenbach, Hartman, Craig Okin, for appellee;
Harry Okin and Cecil Magid, of counsel.
"Not to be published in full." Opinion filed November 4, 1940; rehearing denied November 18, 1940.