Samuel Blatchford

“ An obligation will be enforced, though indirectly connected with an illegal transaction, if it is supported by an independent consideration, so that the plaintiff does not require the aid of the illegal transaction to make out his case. ”

“ Whether Wilshire and his confederates were engaged in attempting o do so, and had made purchases for that purpose through Kershaw & Co. as brokers, is another question. This is not a suit by Kershaw & Co. against Wilshire or his firm, or against the Fidelity Bank. It is a suit on a contract made by the Fidelity Bank with the plaintiff; and the receiver connot defend it on the ground that the plaintiff knew that, if it paide over the money to Kershaw & Co., as the Fidelity Bank requested, the money would be used in an illegal transaction. ”

“ Foote is that, as the commission men participated in the illegal transaction, they could not take the ground that their interest was only that of a commission. The plaintiff is not in the situation of the commission men, and the receiver is not in the situation of Foote. The cases which have been decided in regard to the statute of Illinois arose between brokers and principals, or between winner and loser, and do not apply to the case at bar. ”

“ E. L. Harper, Benjamin E. Hopkins, the assistant cashier of the Fidelity Bank, and Wilshire conspired to defraud the Fidelity Bank. Harper, Hopkins, and Wilshire, with other persons, were, at and before the 14th of June, 1887, engaged in what is called 'a deal' in wheat, which is speculating in wheat, in Chicago, by buying very large amounts of wheat on paying a margin or percentage of the purchase price, and entering into contracts for future delivery to them of wheat in large quantities, upon which contracts they were advancing and paying a margin, or part of the price of the wheat. ”

“ The facts in evidence, as we understand them, are these: The draft numbered 16,412 was deposited with the plaintiff by one of its regular customers, C. J. Kershaw & Co., on June 15, 1887, and was indorsed by the plaintiff's cashier and by that firm for deposit, thus: 'Dep. acct. C. J. Kershaw & Co. C. J. KERSHAW & This draft was indorsed over on the same day by the plaintiff to the American Exchange National Bank, of New York, for collection for account of the plaintiff, and was duly presented to the drawee on the 17th of June, 1887. ”

“ Besides cases Nos. 1,110 and 1,111, a third suit was brought, and testimony was taken in all three of them at the same time. It was stipulated of record that all depositions taken or to be taken in one of the three cases might be read by either party in all of them. ”

“ The answer to the petition, and the replication thereto, were ordered to stand in respect to the bill, and like stipulations were made as in Case No. 1,110. The defense set up in the answer is as follows: One Joseph Wilshire was a member of the firm of Wilshire, Eckert & Co. ”