delivered the opinion of the Court.
By an appropriate proceeding, the Treasurer of Illinois sought an adjudication determining the ownership of eight one thousand dollar negotiable coupon bonds issued by the State. They were stolen from their lawful owner, petitioner Graham, August 30,1930, and on Sept. 22,1930, were purchased for a fair price in the ordinary course of its business by respondent’s Chicago office from Connolly, listed dealer at St. Paul, Minnesota. No circumstance suggests conscious wrongdoing by the purchaser.
Three days after the theft, petitioner caused the Foreman corporation to send printed notices of it, with adequate dеscriptions of the bonds, to dealers throughout the country.
Accepting the record upon the view most favorable to the petitioner, we may assume, as the Circuit Court of Appeals did, that the notice was received by respondent’s main office in Davenport, also at the Chicago branch, priоr to the purchase; there was absence of ordinary care upon *29 the part of the Chicago branch in not making more elaborate prоvision for dissemination of the knowledge given by the notice; that respondent paid full value; at the time of the purchase it had no actual knowledge оf the theft; it made no investigation to ascertain whether the bonds were stolen, other than to inquire concerning the status of the party offering them; the informаtion given by the notice had been forgotten.
The District Court declared, as conclusion of law:
“The respondent, The White-Phillips Company, Inc., by reason of having actually received, prior to its purchаse of the securities here involved, a notice that the same had been stolen as hereinabove set forth, did not, by the purchase of said bonds, become a holder thereof in due course, but that at such time the said respondent had knowledge of such facts that its action in taking such securities amounted to bad faith.”
Decree went for petitioner here, which upon appeal, after a painstaking review of the authorities, was reversed. The cause was remanded for further proceedings.
The Illinois Negotiable Instrument Act provides:
“Holder in Due Course Defined. Sec. 52. A holder in due course is a holder who has taken the instrument under the following сonditions:
“ 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
“ Notice of Infirmity — What Constitutes. Sec. 56. To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must hаve had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.”
The court below, rightly cоncluded that the narrow question is this: “ Did appellant have actual knowledge *30 of the infirmity or defect, or knowledge of such facts that its action in taking the instrumеnt amounted to bad faith?” It ruled, that, as a purchaser of negotiable instruments in good faith, before maturity and for a valuable consideration, respondеnt should be protected against a charge of bad faith which has no fact support other than the receipt of a notice circulated gеnerally among dealers which stated that certain bonds of a large issue had been stolen.
Petitioner insists, that under the authoritative construction placed upon the Illinois Negotiable Instrument Law by her Supreme Court, since respondent had received information of the defective title, there was bad faith as matter of law, and no title passed. He strongly relies upon
Northwestern National Bank
v.
Madison & Kedzie State Bank,
Under
Burns Mortgage Co.
v.
Fried,
*31
National Bank
v.
Uptown State Bank,
The Appellate Courts in Illinois are inferior tribunals and a statute provided that their opinions “ shall nоt be binding authority in any case or proceeding other than that in which they may be filed.” Illinois Constitution, 1870; Article VI, § 11; Cahill’s Illinois Rev. Stats. 1933, c. 37, par. 49.
No authoritative construсtion of the negotiable instrument law of Illinois supports petitioner’s position. And the court below rightly undertook to determine for itself the meaning and effeсt of the pertinent sections.
As with other enactments, the negotiable instrument law must be interpreted in view of the intended end— here, the free circulation of negotiable paper — and the meaning attributed by the courts to the language employed.
In a contest over title to stolen negotiable bonds, the Supreme Court of Michigan recently considered the Uniform Negotiable Instrument Law of that State.
Merchants National Bank
v.
Detroit Trust Co.
(1932),
“As far as we have been able tо determine this case stands alone. It estops the purchaser from showing good faith at the time the bonds are acquired. It makes notice of theft conclusive evidence of mala fides. It overlooks the well-established rule that though one has received actual notice, if by forgetfulness or negligence he does not have it in mind when he acquires the bonds, he may still be a good-faith purchaser. It has been said that the test is one of simple honesty and good faith.”
It approved Lord v. Wilkinson, 56 Barb. (N. Y.) 593, which rejected an instruction that “ The defendants, once having had notice, are bound by it, although the notice may have been forgotten,” and declarеd:
“ If the rule is well founded, that notice once given is good forever — that knowledge acquired when notice is given, is conclusive evidence of knowledge possessed when the notes were bought — then this charge is correct. But if the bona fides of the defendants must be judged of from their acts, purposes and knowledge as they existed upon the day of the purchase, then the notice served is only prima facie or presumptive evidence of mala fides, and may be rebutted by proof that the notice was lost, or its existence and contents forgotten.”
The doctrine approved in Michigan should be accepted by the federal courts, in the absence of an authoritative ruling in thе state whose laws apply. It accords with what this court said in
Goodman
v.
Simonds,
The challenged judgment must be affirmed. The cause will be remanded to the District Court for further proceedings.
Affirmed.
