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D. Nelsen & Sons, Inc. v. General American Development Corp.

Citations: 366 N.E.2d 381; 51 Ill. App. 3d 62; 9 Ill. Dec. 124; 1977 Ill. App. LEXIS 3078Docket: 76-1113

Court: Appellate Court of Illinois; July 14, 1977; Illinois; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by plaintiffs against Suburban Trust in a dispute concerning the assignability and handling of a nonnegotiable certificate of deposit valued at $300,000. The plaintiffs, having initially sought an injunction against other parties, contended that Suburban Trust breached its duty by allowing the assignment of the certificate to another party, First California. The court examined whether Suburban Trust's actions constituted a breach and whether such actions were the proximate cause of the plaintiffs' financial losses. The court ultimately ruled in favor of Suburban Trust, affirming that no breach occurred since the certificate was, by its terms, assignable and that any restriction on assignability was not explicitly stated. Additionally, it found that Suburban Trust was not the proximate cause of the plaintiffs' losses, which were largely due to the insolvency of other parties involved and the plaintiffs' acceptance of a worthless letter of credit. The claim of tortious interference was dismissed on appeal as it was not raised at trial. Consequently, the judgment of the circuit court of Cook County was affirmed, exonerating Suburban Trust from liability in this matter.

Legal Issues Addressed

Assignability of Certificates of Deposit

Application: The certificate of deposit issued to GADC was found to be assignable, given that no explicit restriction on assignability was stated.

Reasoning: The court found substantial evidence supporting that the certificate was assignable, as indicated by its terms.

Breach of Duty and Proximate Cause

Application: The court determined that Suburban Trust did not breach any duty to the plaintiffs nor was it the proximate cause of their losses.

Reasoning: Suburban Trust demonstrated that it did not breach any duty and was not the proximate cause of the plaintiffs' losses.

Interpleader and Custodial Duties

Application: Suburban Trust was released from its custodial duties as the court found that it did not claim any rights to the funds and was not responsible for the plaintiffs’ losses.

Reasoning: Suburban Trust was released from its custodial duties by the court.

Irrevocable Letter of Credit Substitution

Application: The plaintiffs agreed to replace the funds with an irrevocable letter of credit, which later became worthless, contributing to their losses.

Reasoning: Plaintiffs stipulated to replace these funds with an irrevocable letter of credit, which was later deemed worthless.

Tortious Interference Not Raised at Trial

Application: The plaintiffs' claim of tortious interference by Suburban Trust was not considered on appeal as it was not raised during the trial.

Reasoning: The plaintiffs also accused Suburban Trust of tortious interference with their contract with GADC; however, this claim was not raised during the trial and thus cannot be considered on appeal.