Hassell v. State Bank of West Pullman, 210 Ill. App. 373 (1918)

April 29, 1918 · Illinois Appellate Court · Gen. No. 23,816
210 Ill. App. 373
Albert Hassell, Appellee, v. State Bank of West Pullman, Appellant

Albert Hassell, Appellee, y. State Bank of West Pullman, Appellant.

Gen. No. 23,816.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court of Chicago, § 13 * —what is form of cases of fourth class. The form of cases of the fourth class in the Municipal Court of Chicago is to be regarded as whatever the evidence makes it.

2. Municipal Court of Chicago, § 13*—when action of fourth class is in tort for conversion. Where the evidence introduced on the trial of a fourth-class case in the Municipal Court of Chicago by the payee of a check against the bank for paying the check on a forged indorsement shows an actual conversion of plaintiff’s check by defendant, the action will be held to be one in tort for conversion.

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed April 29, 1918.

Statement of the Case.

Trover by Albert Hassell, plaintiff, against State Bank of West Pullman, defendant, to recover on a check drawn to plaintiff’s order and paid by defendant on a forged indorsement. From a judgment for plaintiff for $300, defendant appeals.

Harry A. Biossat, for appellant.

Sinden, Hassell & Osusky and C. P. Gardner,, for appellee; John H. McAuliffe, of counsel.

Mr. Justice Dever

delivered the opinion of the court.

*3743. Municipal Court of Chicago, § 28 * —when statement of claim in action of fourth class for paying check on forged indorsement deemed sufficient in absence of objections in trial court. In a fourth-class case in the Municipal Court of Chicago for paying, on a forged indorsement, a check drawn payable .to plaintiff’s order, a statement of claim which charges the payment of the check by defendant to a third person without plaintiff’s authority or indorsement is, in the absence of objections thereto at the trial, sufficient to support a judgment for plaintiff.