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21 Ill. App. 389

Waugh v. Andel

Appellate Court of Illinois

Decided January 10, 1887

Appellate Court of Illinois · decided 1887-01-10

Clair County; the Hon. William H. Snyder, Judge, presiding Statement of the case by Pillsbury, J. Company “A,” Belleville Guards, was organized as a part of the militia of the State, and for service rendered the State, and from other sources, it became possessed of quite a sum of money which it deposited with the treasurer of the company, and from time to time, loaned the same.

Cited by 1 later decisions — most recently December 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1887-01-10

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Pillsbury, J.

¶1The money loaned to Camfield belonged to •the company, and the note, payable to the Captain would, when ■ delivered to him, be held by hitii in trust for the company. There being no Captain of the company there is no payee in existence who can bring a suit at law or in whose name the ‘company "can bring such suit for its use. Ho adequate remedy at law exists to enforce payment of the nóte and equity will •therefore take jurisdiction. The company retained the note -in its treasury as its property until it voted to transfer to the appellee to be held and collected by him for the use of the company and this we think Conferred upon him a sufficient interest therein to maintain this bill. He thereby became the •lawful holder of it and a recovery by him will discharge the ■note, and that is all the makers ■ have any right to demand. The decree will be affirmed.

¶2Affirmed.

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