text:
    Henry C. Whittemore et al., Executors, Appellees, v. Howard K. Weber et al., Appellants.
    1. States, § 12

      —what is compensation of treasurer. The treasurer of the State of Illinois is not entitled to any compensation other than his salary.
    2. Bonds, § 41*—when statute as to separate judgment does not apply. Hurd’s Rev. St. ch. 110, sec. 35 (J. & A. 8572), relative to actions on penal bonds, and separate judgments therein, does not apply to procedure in a probate court.
    3. Principal and surety, § 91*—what is basis of right to contribution. The obligation of a surety to contribute to a cosurety who has paid to the obligee a judgment recovered by the latter for the penalty of the bond does not arise out of such judgment, but from the relation of cosurety and the payment by one of them of an amount in excess of his proportionate share of a joint obligation.
    4. Principal and surety, § 96*—how extent of surety’s liability is determined. In ascertaining the amount to be contributed by the other sureties on the bond of a State treasurer to their co-surety who had paid to the State a judgment recovered by it against him for the amount which the treasurer was in default, such sureties are not entitled to charge against the surety interest which the State failed to collect in order to reduce their proportionate shares.

      5. Principal and surety, § 98

      —where right of contribution is enforceable. A suit for contribution by cosureties is maintainable under the original jurisdiction of a court of chancery.
    6. Executors and administrators, § 382*—what is effect of statute as to subjection of realty to payment of debts. The statutory remedies given by the Statute of Frauds were intended to enlarge and not to take away or limit existing remedies.
    7. Executors and administrators, § 231*—when contingent claim must be filed. Section 70 of the Administration Act (J. & A. If 119), requiring claims to be filed against estates within two years, does not bar a claim which was contingent during the time the estate was being administered.
    8. Descent and distribution, § 72*—what is liability of heir for debt of estate. The rule at law that an heir is only liable for a debt of the estate to the extent of the value of the realty descending to him and that the distribution of personalty will not make him liable is not the rule in equity.
    9. Appeal and error, § 1327*—what may be presumed as to equity of decree. Where, on appeal from a decree awarding complainant contribution from his cosureties, the details of the computation by which the extent of the liability of widows of deceased sureties are not given, it will be presumed that the lower court made a just and equitable apportionment of the burden.
    10. Abatement and revival, § 65*—how death of defendant should be pleaded. Want of necessary parties to a suit in that the personal representative of a defendant estate died pending the suit and no other administrator has been substituted should be pleaded in abatement and a better writ given.
    11. Descent and distribution, § 72*—extent of liability of heir for debt of ancestor. The liability .of the heirs of a deceased surety against whose estate contribution is awarded is joint and several, and where each heir received more from the estate than he was held liable for under the decree, there is no error in holding each personally liable.
    12. Descent and distribution, § 72*—when distribution of personalty to heir is established. On a bill by a surety against his cosureties for contribution, the allegations of the bill as to the receipt of personalty or realty by the heirs of a deceased cosurety, held sufficient and such matter held to be covered by ample proof as well as by admissions and stipulations.
    13. Judgment, § 503*—when argument on appeal does not operate as estoppel to subsequent suit. On a bill by a surety on the bond of a State treasurer against whom the State had recovered judgment on such bond to enforce contribution from his cosureties, the fact that in his brief filed in the Supreme Court in the suit brought by the State he argued that the State’s failure to file claims against the estates of two of his deceased cosureties released him for their proportionate share, which contention was not sustained by the court, does not create an estoppel against his seeking to enforce contribution from such estates.
    14. Pbincipai, and subety, § 98

      —when costs may be recovered. A surety may recover from his cosurety for the cost and expenses of defending a suit against him by the obligee if such defense is to be regarded as prudent.
    15. Limitation op actions, § 24*—how limitation of surety’s right to contribution is computed, A surety’s right to contribution arises, so as to set in operation the statute of limitations, when such surety paid more than his proportionate share of the total liability.
    Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed in part, reversed in part with directions.
    Opinion filed April 27, 1920.
    Logan Hay and B. L. Catron, for appellants.
    George B. Gillespie, T. W. Quinlan and George M. Gillespie, for appellees.

      See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

      See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

      See Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number.

   Mr. Justice Waggoner

delivered the opinion of the court.

Appellees, as executors of the last will and testament of Floyd K. Whittemore, deceased, brought a suit in equity against appellants, for contribution. Edward Rutz was elected treasurer of Illinois for the two years’ term beginning in January, 1881, and gave a bond for $500,000 with Floyd K. Whittemore, Howard K. Weber, J. H. Schuck, William Jayne, Frank W. Tracy, Samuel H. Jones, James M. Dameille, C. E. Wolf, William McCague and George M. Brinkerhoif as sureties. George M. Brinkerhoif is insolvent. C. E. Wolf and William McCague died leaving no estates. This suit is to compel the living cosurety Howard K. Weber, and the personal representatives, heirs, devisees and legatees of the deceased cosureties, who were solvent and left estates, to reimburse appellees for the. amount paid by them on account of a breach of the bond.

It is said that no breach of the bond was proven. Such is not the case. The evidence shows that Edward Rutz made a voucher and filed it with the Auditor of Public Accounts, which voucher was payable to Edward Rutz, State Treasurer; was issued for expenses of receiving, disbursing and keeping accounts of taxes collected, for the payment of interest, etc., on registered bonds of the localities named, including clerical services for the work in State Treasurer’s office on account of such registered bonds and other expenses in connection therewith, as estimated by the Auditor and Treasurer in pursuance of law. The Auditor issued a warrant, on the voucher, to Edward Rutz, State Treasurer, dated September 30, 1882, for $9,541.85. The warrant was countersigned, registered and indorsed by Edward Rutz. Certified copies of the voucher and warrant, now on file in the Auditor’s office, were introduced in evidence and were sufficient to show that Edward Rutz on September 30, 1882, paid the sum of $9,541.85 to himself from money in the State treasury for and on account of the items he claimed were due him under the voucher. This he was not entitled to, as the money belonged to the State of Illinois, and he was not entitled to any compensation other than his salary. (Whittemore v. People, 227 Ill. 453; People v. Whittemore, 253 Ill. 378.)

Edward Rutz was State Treasurer from 1877 to 1879 and again from 1881 to 1883. Appellee’s testate was on both bonds given by Edward Rutz, but the ¡sureties were not the same on the two bonds. It appears from the evidence that on February 17, 1908, the State of Illinois filed a claim in the probate court of Sangamon county against the estate of Floyd Tv.' Whittemore on the warrant dated September 30, 1882, for $9,541.85, and that such claim was allowed. On an appeal to the circuit court of Sangamon county the claim was again allowed, and the judgment subsequently affirmed by the Supreme Court. (People v. Whittemore, 253 Ill. 378.) On November 18, 1912, appellee paid to the State Treasurer $18,828.10 and took his receipt therefor, showing that such payment was for the purpose of refunding to the State the amount that had been paid to Edward Rutz for receiving, disbursing and keeping accounts of the registered bond funds by warrants dated September 30, 1878, for $9,286.25, and September 30, 1882, for $9,541.85. Appellants claim that under section 35 of chapter 110, Hurd’s Statute, a separate judgment should have been rendered for the penalty of each bond, with an assessment of damages for. such breaches as were proven. This section of the statute does not apply to procedure in a probate court. (Thomson v. Black, 200 Ill. 465.) However, it is wholly immaterial for the reason that the obligation does not arise out qf the judgment but from the relation of cosurety and- the payment by one of them of an amount in excess of his proportionate share of a joint obligation. (Harvey v. Drew, 82 Ill. 606.) The case of Cassady v. Board of Trustees, 93 Ill. 394, cited by appellants, has ■ no application to the facts in this case. The fact that a bond merges in a judgment, is of no significance. The contention that the receipt' shows payment on another account is not tenable. The evidence establishes definitely that the warrant for $9,541.85 was a part of the judgment, and it is also clear that the receipt, and judgment are consistent and both cover the same warrant.

The decree was that appellees recover $1,815 from each of the six solvent cosureties by way of contribution. Appellants claim that the amount should have been $1,743.51, and for that reason the decree is excessive. They say that interest from February 17, 1908, the date the State filed its claim in the probate court, until November 18, 1912,. the date of the receipt showing payment of the money back into the State treasury, should be added to the amount of the warrant $9,541.85, making the total sum $11,809.37. That the share of each of the seven solvent cosureties would then be $1,687.05. Appellants then say appellees’ payment of $9,541.85 would give rise to a right to contribution only in the sum by which it exceeded $1,678.05. That is not correct. If appellees paid $9,541.85, as appellants contend, then appellees’ share was one-seventh of that sum and not one-séventh of the larger amount. It would be manifestly wrong to take one-seventh of the larger sum ($11,809.37) in figuring appellees’ share, and then subtract it from the smaller amount ($9,541.85) to figure the shares of the appellants. The same figures should be used in determining appellants’ shares. Appellants are trying to charge appellees for interest that the State failed to collect. That would not be equitable. No just complaint is made as to the amount of the decreq, and we hold that the amount so found by the court is correct.

Frank W. Tracy died, testate, in 1903. Samuel H. Jones died, testate, in 1907. James M. Dameille died, intestate, in 1888. In this suit appellees have made the heirs and devisees of the deceased cosureties defendants, and appellants claim that no right to recover from the heirs and devisees of Samuel H. Jones, Frank W. Tracy or James M. Darneille has been proven; that a recovery must be under section 97 (chapter 3) of the Administration Act or under section 12 (chapter 59) of the Statute of Frauds, and argue that since it is apparent that no recovery is here sought under such section 97 of the Administration Act, that appellees therefore predicate their right to recover upon section 12 of the Statute of Frauds. Appellants contend that under section 12 of the Statute of Frauds, appellees must aver and prove that the personal estate of the decedent was insufficient to pay his debts; that the decedent died seized of realty which descended to his heirs, or passed to his devisees; that under sections 14, 15 and 16 of the Statute of Frauds the personal representative must be joined, or it must be averred and proved either that appellees have pursued the claims against the personal representative to judgment, and that there is no property to satisfy it in the hands of the personal representative, or that administration was not had on the estate within a year, and that there is no such averment or proof shown by the record in this ease.

No effort is being made to recover under the sections of the Statute of Frauds above mentioned. This suit is maintainable under the original jurisdiction of a court of chancery. The statutory remedies were intended to enlarge, and not to take away or limit the remedies theretofore existing. (Union Trust Co. v. Shoemaker, 258 Ill. 564; Mackin v. Haven, 187 Ill. 480; Snydacker v. Swan Land and Cattle Co., 154 Ill. 220.) The claim of appellees being contingent during the time the estates of Samuel H. Jones, Frank W. Tracy and James M. Dameille were being administered, section 70 of the Administration Act, requiring claims to be filed against estates within two years,. does not bar it. (Union Trust Co. v. Shoemaker, 258 Ill. 564.) It is true that at law an heir is only liable to the extent of the value of the realty that descends to him, and that the distribution of personalty will not make him liable (People v. Brooks, 123 Ill. 246), but such is not the rule in equity. Union Trust Co. v. Shoemaker, 258 Ill. 564, 573.

Appellants insist that it was error to hold the widows of James M. Darneille and Samuel H. Jones liable on account of the dower interest they received. There is nothing to show they were held liable on such grounds. On the contrary, the widow of James M. Darneille received more than enough in personalty to pay her share of the judgment, hence, it is evident that she was not charged on account of her dower interest. The widow of Samuel H. Jones received land in lieu of dower, but there is nothing to show that such land was not in excess of her dower. The details of the computation not being given we must presume that the court made a just and equitable apportionment of the burden. Dauel v. Arnold, 201 Ill. 570, 580.

Appellants further claim that there is a want of necessary parties in that the personal representatives of James M. Darneille’s estate died pending this suit and no other administrator has been substituted. The evidence shows that the estate has been settled, and there is no evidence that there is an administrator. Such matters should be pleaded in abatement and a better writ given.

It is also claimed that the heirs of Samuel H. Jones should not be held liable jointly for the amount due from his estate, and the same contention is made in regard to the heirs of Frank W. Tracy and of James M. Darneille. The liability of the heirs was joint and several. (Mackin v. Haven, 187 Ill. 480, 496.) Each heir received far more from the estate than he is here held liable to pay, and there was no error in holding them personally liable. Mackin v. Haven, supra.

The contention that there are no averments or proof that the heirs of Samuel H. Jones, Frank W. Tracy and James M. Darneille received personalty or realty from said estates is not well taken. The bill contains sufficient allegations, and there was ample proof as well as admissions and stipulations covering the matter.

The suggestion that appellees are estopped from claiming contribution for the reason that in their brief filed in the Supreme Court in the case of People v. Whittemore, 253 Ill. 378, 381 and 385, they argued that the failure of the State of Illinois to file claims against the estates of Frank W. Tracy and of Samuel H. Jones should release the Whittemore estate for their proportionate share, is not well taken. The Supreme Court, notwithstanding such argument, held Whittemore’s estate for the full amount. The elements of an estoppel are not thus shown. Siegel, Cooper & Co. v. Colby, 176 Ill. 210.

A cross-error was assigned on account of the refusal of the circuit court to allow appellees to recover for costs, expenses and attorneys’ fees in defending the case of People v. Whittemore, 253 Ill. 378. The sum of $500, so claimed, is reasonable and should have been allowed. The better rule is that a surety may recover from his cosurety for the cost .and expenses of defending a suit if such defense is to be regarded as prudent. (Wagenseller v. Prettyman, 7 Ill. App. 192, 197; 6 R. C. L. page 1039; Puterbaugh’s Pl. & Pr., chancery, 6th Ed., page 544.) Appellants do not challenge that the defense was prudent. Appellants further urge that the claim is barred by the statute of limitations. As to when appellees employed and paid their attorneys is immaterial. The right to contribution arose on November 18, 1912, when appellees paid more than their proportionate share of the total liability, and that was within five years. No bar has intervened. The fact that this claim was defended with another was a benefit to appellants and made the cost less by approximately one-half. No objection is urged, by appellants, on this ground.

The decree rendered in this case should be affirmed except in respect to the crqss-error assigned. As to the cross-error, the decree should be reversed with directions to enter a decree allowing appellees to recover, from appellants, $500 as costs and expenses in defending the case of People v. Whittemore hereinbefore referred to. ■

Decree affirmed in part and reversed in part with directions.


source: Caselaw Access Project

author: Mr. Justice McDonald

license: Public Domain

text:
    First District.
    Maria P. Barnes, appellant, v. Mary C. Barnes et al., appellees.
    Gen. No. 21,926.
    [On February .17, 1917, an opinion was filed in this case which was abstracted in 202 Ill. App. 289. This opinion was afterwards modified, but too late for publication. Inasmuch as it is claimed that the last paragraph of the statement of facts of the ease as abstracted in 202 Ill. App., which was based on the original opinion, does an injustice to the memory of Erastus A. Barnes, the modified opinion of the court is herewith published in full.—Reporter.]
   Mr. Justice McDonald

delivered the opinion of the court.

Appellant (complainant below) filed a bill for an accounting against appellee (defendant below), who was the administratrix of the estate of Erastus A. Barnes, her deceased husband, brother of the complainant, for certain moneys and securities claimed to have been intrusted by complainant to him for investment and safekeeping. After the issues were formed, the cause was referred to a master in chancery for hearing, with directions to state his conclusions of law and fact. At the close of complainant’s testimony before the master, defendant moved the court to dismiss complainant’s bill for want of equity, which motion was also referred to the master. In his report based solely on the complainant’s testimony, the master recommended to the court that defendant be required to account to the complainant in accordance with the prayer of her bill; pursuant to which the court overruled defendant’s motion to dismiss the bill. By stipulation of the parties, all further proceedings were had before the court, at the conclusion of which the court dismissed the complainant’s bill for want of equity. This appeal brings up for review the final order of dismissal.

From an examination of the pleadings and the character and extent of the testimony heard before the court, it appears that the cause proceeded to a full hearing both on the preliminary question involving complainant’s right to an accounting and on the accounting between the parties as well. Under well-settled principles of chancery practice, in certain cases the court should, in the first instance, hear only such evidence as is necessary to determine whether or not an accounting should be had. But there are well-recognized exceptions to that rule, as stated in Henderson’s Chancery Practice, sec. 293: “Where items are numerous, the testimony questionable, the account complicated, the superior advantage of a general reference, with directions to the master to state specially such matters as either party may require, or which he may deem necessary, will readily be perceived.’’ The record discloses that this is a case of that character and therefore the matter was properly referred to the master in the first instance with directions to report his conclusions both of law and fact which, if he found there should be an accounting, required him to state the account.

The hearing evidently did not proceed before the court on the theory of a preliminary hearing, for the court heard testimony on items of account. Had the ease proceeded before the master, so that specific objections and exceptions taken to the master’s report might have been presented for review, we should not now be called upon to examine the voluminous record before us, covering some ten thousand pages, and thereby assumé a burden that should have been imposed upon the master.

In Penniman v. Pinke, 175 Ill. App. 284, the court in passing upon a like situation held, p. 285:

“In order to ascertain whether this decree is right, we must state practically a book account between the owner and the builder, and pass upon a mass of details and items. -In our opinion, this detail work should not have been performed by the chancellor, and a review of the mass of evidence therefore cannot be cast upon this court in this way. The court should have sent the ease to a master, with directions to take and report the evidence, and to state and report an account between the parties and then upon objection and exception, particular items would be open to investigation, and we would not be required to examine the face of the whole account.’’

To the same effect are: Patten v. Patten, 75 Ill. 446; French v. Gibbs, 105 Ill. 523; Daly v. St. Patrick’s Catholic Church, 97 Ill. 19. Nor can this be done by stipulation of the parties or otherwise. Moss v. McCall, 75 Ill. 190, and cases there cited.

But appellee argues that complainant, in seeking to avail herself of certain alleged forgeries, did not come into equity with clean hands, and hence the court properly dismissed the bill for want of equity on that ground alone.

We have no way of determining upon what particular ground the bill was dismissed; but, assuming that the court was justified in finding that proof to establish certain items consisted, as alleged, of forged documents, still appellee’s point is not well taken.

Where a cause of action has its origin in iniquity, a court of chancery will not lend its aid to a complaining party, because “He who comes into equity must come with clean hands.’’ But where the iniquity does not go to the right of action itself but affects only the proof of certain items incidentally connected therewith, the rule cannot be extended to preclude the complaining party from obtaining the relief sought as to other items which the evidence clearly shows to be untainted with such iniquity. Goodwin v. Hunt, 3 Yerg. (Tenn.) 124; Shaver v. Heller & Merz Co., 48 C. C. A. (U. S.) 48, 108 Fed. 821; Mossler v. Jacobs, 66 Ill. App. 571; John Anisfield Co. v. Edward B. Grossman & Co., 98 Ill. App. 180; Cohn v. Pitzele, 117 Ill. App. 342, affirmed 217 Ill. 30; City of Chicago v. Stock Yards Co., 164 Ill. 224.

In this view of the case it becomes necessary to reverse the decree and remand the cause, with directions to re-refer the same to a master to resume the hearing where the court erroneously took it up.

If, in the interest of economy it is desired to withdraw the record filed in this court to use the evidence therein contained in the hearing to be had before the master, the parties may do so.

Inasmuch as the hearing proceeded before the chancellor by stipulation of the parties, the costs of this appeal will be taxed one-half to the complainant and one-half to the defendant, as administratrix, etc., the latter to be paid in due course of administration.

The decree of the circuit court will be reversed and the cause remanded for further proceedings not inconsistent with the views herein above expressed.

Reversed and remanded with directions.


author: Mr. Presiding Justice McSurely

text:
    Samuel Rusnak, trustee in bankruptcy of estate of Garden City Parlor Furniture Company, bankrupt, appellant, v. Isaac Fish et al., appellees.
    Gen. No. 25,374.
    Action to recover damages for conspiracy to defraud. Judgment for defendants. Appeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Jacob G. Grossberg and Herbert Decker, for appellant.
    D’Ancona & Pflaum and Fred B. Silsbee, for appellees.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    John Walsh, appellant, v. Chicago City Railway Company and Chicago Surface Lines, appellees.
    Gen. No. 25,477.
    Action to recover for personal injuries resulting from unsafe condition of street. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Alden, Latham & Young, for appellant;
    F. D. Shobe, of counsel.
    Frank L. Kriete and William H. Symmes, for appellees;
    J. R. Guilliams and George E. Gorman, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    William Busse, Jr., et al., appellants, v. Caroline Hulke et al., appellees.
    Gen. No. 25,503.
    Bill contesting a will on ground of mental incapacity dismissed for want of equity. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion transferring cause to Supreme Court filed March 8, 1920.
    Vacated and set aside and new opinion filed April 12, 1920.
    Ralph L. Peck and George A. Miller, for appellants;
    Frederick R. De Young, of counsel.
    Edwin D. Lawlor and Harry H. Talcott, for appellees;
    Roswell B. Mason, guardian ad litem and of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Frank A. Brown, appellee, v. Chicago & Illinois Midland Railroad Company, appellant.
    Gen. No. 25,523.
    Action to recover for personal injury to brakeman by being thrown from car and under the ear wheels. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Bates, Hicks & Folonie, for appellant.
    H. H. Patterson and C. E. Stenning, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Edward F. Le Gendre, appellee, v. Bankers-Commercial Security Company, Inc., appellant.
    Gen. No. 25,532.
    Action to recover attorney’s-fees. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    John Taylor Booz, for appellant.
    Musgrave, Oppenheim & Lee, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Martha Zantara, appellee, v. R. J. Ederer Company, appellant.
    Gen. No. 25,541.
    Action to recover for injury to girl under 16 years of age employed in violation of Child Labor Act. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. G. F. Irwin, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 8, 1920.
    Wiley W. Mills and George A. Mason, for appellant.
    Corinne L. Rice and A. H. Ranes, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Sarah E. Peck, appellant, v. A. D. Confelt, appellee.
    Gen. No. 25,550.
    Action to recover for money received by defendant for plaintiff and converted. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. James Donahoe, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Joseph E. Winterbotham, for appellant.
    Thomas Mathiesen, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Mary E. Merwin et al., complainants, Ainslie Anthony, appellant, v. Lyman A. Furbeck et al., defendants. D. I. Jarrett and John Heist, administrators of the estate of Elmer D. Duff, deceased, receiver, appellees.
    Gen. No. 25,563.
    Suit to foreclose trust deed. Order approving receiver’s report. Appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 8, 1920.
    Albert E. Lake, for appellant.
    Deming & Jarrett, for appellees.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Anna Lasher, appellant, v. Chicago Railways Company and Chicago City Railway Company, appellees.
    Gen. No. 25,608.
    Action to recover damages to street ear passenger by collision of two ears. Judgment for defendants. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Frank H. Novak, for appellant.
    Frank L. Kriete and William H. Symmes, for appellees;
    J. R. Guilliams and Franklin B. Hussey, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Kansas City Shook and Manufacturing Company, appellant, v. Elmer L. Arminger, appellee.
    Gen. No. 25,626.
    Action to recover balance due for goods sold and delivered. Set-off by defendant. Judgment for defendant on excess of set-off over plaintiff’s recovery. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Hoyne, O’Connor & Irwin, for appellant.
    Walter H. Eckert and Warren B. Buckley, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Leah Byrnes, appellant, v. Conrad Cederborg and Lilly Cederborg, appellees.
    Gen. No. 25,636.
    Action to recover of innkeeper for goods of guest stolen from inn. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Einar C. Howard and Max Borchardt, for appellant.
    No appearance for appellees.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    L. Markle Company, appellee, v. McKenzie Cleland, appellant.
    Gen. No. 25,669.
    Action to recover on promissory notes and check. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Lester E. Lee and Robert G. Phelps, for appellant.
    Welter & Matthews, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Angela Blaa, appellee, v. William Krison, appellant.
    Gen. No. 25,704.
    Bastardy proceeding. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon.- Sheridan E. Fry, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    John F. Tyrrell, for appellant.
    Maclay Hoyne and Edward E. Wilson, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    South Park Commissioners, appellee, v. Samuel Westerfield, appellant.
    Gen. No. 25,716.
    Prosecution for indecent exposure. .Judgment of guilty. Appeal from the Municipal Court of Chicago; the Hon. Warren H. Orr, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 8, 1920.

      Ellis & Westbrooks, Harris B. Gaines and Fred McKinney, for appellant;
    Richard E. Westbrooks, of counsel.
    No appearance for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    North Electric Company, appellee, v. E. Johnson, appellant.
    Gen. No. 25,738.
    Action to recover contract price for work and labor. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    J. W. Richey, for appellant.
    Cavender & Kaiser, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Frank H. Davis, appellant, v. Katie Wolf and Theo. B. W. Zumstein, appellees.
    Gen. No. 25,757.
    Action to recover on promissory note. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Bernard P. Barasa, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Iles, O’Connor, Eberhardt & Kesler, for appellant.
    Malato, Wolf & Love, for appellees.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Jeanette Delson, appellee, v. Chicago Railways Company and Chicago City Railway Company, appellants.
    Gen. No. 25,769.
    Action to recover for personal injury to pedestrian struck by street car. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Frank L. Kriete and William H. Symmes, for appellants;
    John R. Guilliams and John E. Kehoe, of counsel.
    Ferdinand Goss and Thomas E. Rooney, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


author: Mr. Justice Dever

text:
    Belle J. Pieske, defendant in error, v. Lawrence T. Gilmore, plaintiff in error.
    Gen. No. 25,414.
    Action to recover for failure of bailee, on demand of bailor, to deliver the bailed goods. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. John R. Caverly, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and judgment of nil capiat here.
    Opinion filed March 8, 1920.
    Rathje, Wesemann, Hinckley & Barnard, for plaintiff in error.
    Edgar L. George, for defendant in error.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    C. F. Kern, appellee, v. Marshall & Huschart Machinery Company, appellant.
    Gen. No. 25,422.
    Action to recover money paid on purchase price of machinery. Claim of set-off by defendant. Judgment for plaintiff after deducting set-off. Appeal from the Municipal Court of Chicago; the Hon. John K. Prindiville, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Gregory & McNab, for appellant.
    Harry A. Biossat, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Elizabeth McGough, administratrix of the estate of Michael McGough, deceased, appellee, v. Chicago and Western Indiana Railroad Company, appellant.
    Gen. No. 25,435.
    Action to recover for wrongful death by assault of defendant’s servant. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the" Hon. Prank Johnston, Jr., Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of fact.
    Opinion filed March 8, 1920.
    C. G. Austin, Jr., J. Raymond Barse and Samuel Kassel, for appellant.
    George E. Gorman, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    The Fair, appellee, v. Charles Downing and Mrs. Charles Downing, on appeal of Charles Downing, appellant.
    Gen. No. 25,481.
    Action to recover balance due on contract of sale of goods. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    George C. Geier, for appellant.
    No appearance for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Mayme Edmondson, appellee, v. Jesse Binga, appellant.
    Gen. No. 25,507.
    Action to recover damages for trespass by breaking into apartment. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Prank Johnston, Jr., Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of facts.
    Opinion filed March 8, 1920.
    W. C. Shipnes, for appellant.
    Iles, O’Connor, Eberhardt & Kesler, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Sam Flug, appellee, v. Joseph Stein, appellant.
    Gen. No. 25,535.
    Action to replevy stock certificate. Judgment for plaintiff. • Appeal from the Municipal Court of Chicago; the Hon. P. J. Campbell, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Ellis & Lewis and Albert E. Beath, for appellant.
    Bassler, Bippus & Rose, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    J. E. Rehnstrom, appellee, v. C. A. Vallentin and C. A. Lofgren, appellants.
    Gen. No. 25,553.
    Action to recover on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon; P. J. Campbell, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    William R. Hauze, for appellants;
    Joseph G. Sheldon, of counsel.
    Harris F. Williams, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Adolph Zeigler, appellee, v. E. Robert Riedel, appellant.
    Gen. No. 25,630.
    Action to recover for personal injuries resulting from gun shot. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of fact.
    Opinion filed March 8, 1920.
    John W. Walsh, for appellant.
    Sass & Hood, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Max Mickel et al., appellees, v. Edward J. Lennartz, appellant.
    Gen. No. 25,639.
    Suit to foreclose trust deed. Order directing receiver to pay a deficiency and balance in his hands. Appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Henry M. Ashton and Edward M. Winston, for appellant.
    C. Arch Williams, for appellee Max Mickel.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Ferdynand Urbanowicz, appellee, v. The Chicago Daily News Company, appellant.
    Gen. No. 25,662.
    Action to recover for personal injury to employee by fall of heavy roll of paper. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Frank Johnston, Jr., Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 8, 1920.
    John J. Symes and Wilkerson, Cassels, Potter & Gilbert, for appellant;
    Ralph F. Potter and Kenneth B. Hawkins, of counsel.
    No appearance for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    William Schramer, appellant, v. Charles Bolin, appellee.
    Gen. No. 25,672.
    Petition for vacation of judgment. Dismissal of petition. Appeal from the Municipal Court of Chicago; the Hon. Bernard P. Barasa and Hon. Wells M. Cook, Judges, presiding. Heard in this court at the October term, 1919.
    Order reversed and cause remanded with directions.
    Opinion filed March 8, 1920.
    John Prendergast, for appellant.
    No appearance for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Tony Smith, appellee, v. Frank O. Bostelmann and George H. Winter, appellants.
    Gen. No. 25,751.
    Action to recover on contract for labor performed. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Leo J. Doyle, Judg-e, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Grant Newell, for appellants.
    John F. Rosen, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Gordon A. Ramsay, administrator of the estate of John F. Gorman, deceased, appellee, v. Chicago Railways Company et al., operating under name of Chicago Surface Lines, appellants.
    Gen. No. 25,772.
    Action to recover for wrongful death in collision with street ear. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John P. MeGoorty, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of facts.
    Opinion filed March 8, 1920.
    Franklin B. Hussey and Abe R. Peterson, for appellants;
    J. R. Guilliams, of counsel.
    William T. Nelson, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


author: Mr. Justice Holdom

text:
    Reiner Coal Company, appellee, v. Samuel Meyerowitz, appellant.
    Gen. No. 25,429.
    Action to recover for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Julius H. Miner, for appellant.
    Joel C. Carlson and David I. Swanson, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    National Import and Export Company for use of National Trading Company, appellee, v. A. J. Hague & Company, appellant.
    Gen. No. 25,510.
    Action to recover the purchase price of goods. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Rosenthal, Kurz & Houlihan, for appellant;
    Frank Michels and Sidney Levy, of counsel.
    Michael Feinberg, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Florence M. Everitt and Walter S. Holden, trustees under the will of Margaret A. Mitchell, deceased, and Florence M. Everitt, individually, appellees, v. Anna E. Gough et al., on appeal of Anna E. Gough by Rockford Trust Company, guardian ad litem and conservator, appellants.
    Gen. No. 25,520.
    Bill for construction of will. Decree for complainants. Appeal from the Circuit Court of Cook county; the Hon. Merritt W. Pinckney, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    A Philip Smith, for appellants.
    Walter S. Holden, for appellees.
    John R. O’Connor, guardian ad litem, for minor appellees, pro se.

   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Beaver Electric Construction Company, appellee, v. John Griffiths & Son Company, appellant.
    Gen. No. 25,529.
    Action to recover for extras under electric wiring contract. "Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of facts and judgment here.
    Opinion filed March 8, 1920.
    Everett & McGonigle, for appellant;
    John C. Everett, of counsel.
    Thomas B. Brown, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Milwaukee Corrugating Company, appellee, v. James P. Monahan and Edward Monahan, trading as Monahan Brothers, appellants.
    Gen. No. 25,578.
    Action to recover balance due on purchase price of goods. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with judgment of nil capiat and for costs.
    Opinion filed March 8, 1920.
    Rehearing denied March 22, 1920.
    King, Brower & Hurlbut, for appellants.
    Rosenthal, Hamill & Wormser, for appellee;
    Charles H. Hamill and Herman L. Ellsworth, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    John Lussen, appellant, v. Michael Greenspon et al., appellees.
    Gen. No. 25,605.
    Appointment of receiver under mortgage. Order as to disposition of balance of rent money received by him. Appeal from the Circuit Court of Cook county; the Hon. Kiekham Seanlan, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Harry H. Felgar, for appellant.
    H. J. Rosenberg, for appellees;
    Irving Zimmerman, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    J. F. Beseler, Jr., appellee, v. Joseph M. Todd, appellant.
    Gen. No. 25,614.
    Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed for failure to file sufficient abstract.
    Opinion filed March 8, 1920.
    John M. Hess, for appellant.
    Elmer J. Schnackenberg, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Peter Kuchuris, appellee, v. Marcus Weil, appellant.
    Gen. No. 25,623.
    Action to recover damages for breach of covenant of lease. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in- this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Iles, O’Connor, Eberhardt & Kesler, for appellant.
    Earl J. Walker, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Clara M. Kessler, appellee, v. Chicago City Railway Company, appellant.
    Gen. No. 25,653.
    Action to recover for personal injuries to street ear passenger by fall in alighting. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 8, 1920.
    Harry P. Weber, George W. Miller and Arthur J. Donovan, for appellant;
    John R. Guilliams and George E. Gorman, of counsel.
    Charles W. Lamborn, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Edward F. Hammond, appellee, v. City Motor Transit Company, appellant.
    Gen. No. 25,682.
    Action to recover for personal injuries in collision of motor truck with motor bus. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. P. J. Campbell, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of facts.
    Opinion filed March 8, 1920.
    Samuel J. Richman, for appellant.
    Raymond Kelner and Clarence A. Samuel, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Lillian R. Hobbs, appellant, v. James J. Kelly, executor of the estate of Rose A. Benson, deceased, appellee.
    Gen. No. 25,701.
    Action of replevin. Judgment for plaintiff in part. Appeal from the Municipal Court of Chicago; the Hon. Edmund K. Jarecki, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    E. M. Seymour, for appellant.
    John A. Burke and James J. Kelly, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Herman Duntz Company, appellant, v. George Stromer, appellee.
    Gen. No. 25,734.
    Action to recover on promissory note. Judgment of dismissal. Appeal from the Municipal Court of Chicago; the Hon. Harry Olson, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 8, 1920.
    Henry M. Hagan, for appellant.
    Schwartz & Schwartz, for appellee;
    Charles K. Schwartz, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Nathal Ronneberg and Richard G. Pierce, trading as Ronneberg & Pierce, appellants, v. Charles L. Anderson, appellee.
    Gen. No. 25,754.
    Action to recover for services of architects. Claim of set-off. Judgment for defendant on set-off. Appeal from the Municipal Court of Chicago; the Hon. Irwin R. Hazen, Judge, presiding. Heard in' this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    Rehearing denied March 22, 1920.
    John B. Dandridge and John E. Erickson, for appellants.
    Henry Utpatel, Alwin W. Ehrhardt and John T. Murray, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    W. F. Hultquist, appellee, v. Elmer E. Lindquist and George Remus, appellants.
    Gen. No. 25,764.
    Action to recover on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Shank H. Graham, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 8, 1920.
    George Remus, pro se.

    No appearance for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


author: Mr. Presiding Justice Matchett

text:
    Forsythe Brothers Company, appellee, v. The Bankers Surety Company and Leopold J. Mensch, appellants. Leopold J. Mensch, appellant, v. Forsythe Brothers Company, appellee.
    Gen. No. 24,672.
    Gen. No. 24,673.
    Actions to recover on contractor’s bond and for money due under building contracts. Judgment for plaintiff in action on bond and for defendant in action on building contracts. Appeals from the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Fisher, Boyden, Kales & Bell and John Taylor Booz, for appellants;
    J. F. Dammann, Jr., and John Taylor Booz, of counsel.
    Winston, Strawn & Shaw, for appellee;
    Edward W. Everett, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Josephine Marofske, administratrix of the estate of William Marofske, deceased, plaintiff in error, v. Chicago Railways Company et al., operating under name of Chicago Surface Lines, and John F. Martin, defendants in error.
    Gen. No. 24,889.
    Action to recover for wrongful death in collision between street car and automobile. Judgment for defendants. Error to the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Rehearing denied March 22, 1920.
    Jacob Levy and Josiah Burnham, for plaintiff in error.
    Miller, Gorham & Wales, for defendant in error John F. Martin.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Charles L. Sherlock, appellee, v. John Garalius et al., on appeal of John Garalius, appellant.
    Gen. No. 24,995.
    Judgment by confession on promissory note, under power of attorney. Motion to vacate judgment denied. Appeal from the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Frank F. Tollkuehn, for appellant.
    Robert E. Turney, for appellee;
    Oliver B. Opsahl, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Lewis N. Gilpin, plaintiff in error, v. Chicago Hospital College of Medicine, defendant in error.
    Gen. No. 25,004.
    Action to recover school tuition paid for a certain year. Judgment .for plaintiff. Error to the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Douglas & Pollard, for plaintiff in error.
    James Nicholas Lorenz, for defendant in error.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Samuel Neirman, appellee, v. Dreamland Rink Company, appellant.
    Gen. No. 25,083.
    Action to recover for loss of property bailed for hire. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard- in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Hurley & Baer, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Maggie Selenis, appellee, v. William Nauseda, appellant.
    Gen. No. 25,149.
    Action to recover for personal injury to automobile , passenger. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in the Branch Appellate Court at the March term, „ 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Dillard B. Baker, for appellant.
    Edward W. Rawlins, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Nellie E. Gleason, appellee, v. Adolph Copeland, appellant.
    Gen. No. 25,437.
    Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed on striking stenographic report.
    Opinion filed March 9, 1920.
    Harry Brown, for appellant.
    Charles Leviton, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


author: Mr. Justice Barnes

text:
    Paul J. Sengstock and Walter F. Faraday, administrators of the estate of Wilhelmina Sengstock, deceased, plaintiffs in error, v. Chicago Railways Company et al., defendants in error.
    Gen. No. 24,945.
    Action to recover for death of street ear passenger from injuries received in alighting from car. Judgment for defendants. Error to the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed and remanded as to Chicago Rys. Co. and affirmed as to other defendants in error.
    Opinion filed March 9, 1920.
    Henry Knaus, for plaintiffs in error.
    Frank L. Kriete and William H. Symmes, for defendants in error;
    J. R. Guilliams and Franklin B. Hussey, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Rosa Revesz, plaintiff in error, v. Paul T. Wolkow, defendant in error.
    Gen. No. 24,988.
    Action for recovery of rent due. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Charles N. Goodnpw, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    G. A. Buresh, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    In the matter of the petition of Mary W. C. Nelson, arrested at suit of Christina Benson. Christina Benson, appellee, v. Mary W. C. Nelson, appellant.
    Gen. No. 25,001.
    Action to recover damages for alienating husband’s affections. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. J. H. Williams, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Thomas E. Swanson, for appellant.
    West & Eckhart, for appellee;
    William Rothmann, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    John Gianesin, appellee, v. Charles F. Schlieske, appellant.
    Gen. No. 25,025.
    Action to recover wages. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Anton T. Zeman, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed.
    Opinion filed March 9, 1920.
    Clarence T. Morse, for appellant.
    Gilbert F. Wagner, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    American Trust & Security Company, appellee, v. Mrs. S. Kaufmann et al., on appeal of Rush B. Cosper and William P. Cosper, appellants.
    Gen. No. 25,053.
    Action of replevin. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Hugh-R. Stewart, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed.
    Opinion filed March 9, 1920.
    Bennison F. Bartel and Walter F. Heineman, for appellants.
    McInerney & Power, for appellee;
    B. B. Collins, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Abraham Tinsley, appellee, v. Independent Western Star Order, appellant.
    Gen. No. 25,071.
    Action to recover on life benefit certificate. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Leo J. Doyle, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    William A. Jonesi, for appellant.
    William B. Bauer and Louis Rohr, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Josephine B. Kiley, appellee, v. Michigan Central Railroad Company, appellant.
    Gen. No. 25,080.
    Action to recover for articles missing from baggage checked by carrier. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Winston, Strawn & Shaw, for appellant;
    Frank H. Towner, of counsel.
    Joseph C. Pisha and Ewart Harris, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Gustave Dalluf, appellee, v. Vincenzo Chiara et al., on appeal of Vincenzo Chiara and Jerome H. Bassy, appellants.
    Gen. No. 25,089.
    Appeal from the Circuit Court of Cook county; the Hon. Prank Johnston, Jr., Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed, questions of fact not having been preserved for review, a directed verdict having been properly denied and the abstract being insufficient to present refusal of instruction for review.
    Opinion filed March 9, 1920.
    Cairoli Gigliotti, for appellants.
    Litsinger, Healy & Reid, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Agnes South, appellant, v. Anton J. Cermak, bailiff of the Municipal Court of Chicago, appellee.
    Gen. No. 25,120.
    Action of replevin against bailiff of municipal court. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. S. O. Stough, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Sabath, Stafford & Sabath, for appellant;
    Charles B. Stafford and Thomas M. Zasadil, Jr., of counsel.
    Andalman & Cohen, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    George E. Ford, appellee, v. M. Piowaty & Sons, appellant.
    Gen. No. 25,121.
    Action to recover for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Leo J. Doyle, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed and judgment here with finding of fact.
    Opinion filed March 9, 1920.
    Sabath, Stafford & Sabath, for appellant;
    Charles B. Stafford and Thomas M. Zasadil, Jr., of counsel.
    Stewart Reed Brown, for appellee.
   Mr. Justice Barnes

delivered fhe opinion of the court.


text:
    Gordon A. Ramsey, administrator of the estate of William Walter Woods, deceased, appellee, v. Tuthill Building Material Company, appellant.
    Gen. No. 25,153.
    Action to recover for death of 10-year-old boy in unprotected sand bin. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hugo Dam, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Rehearing denied March 22, 1920.

      John S. Huey and Busby, Weber & Miller, for appellant.
    James D. Power and William R. Bullion, for appellee.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    The S. C. Beckwith Special Agency, appellant, v. Manuel Mandel et al., appellees.
    Gen. No. 25,010.
    Action of assumpsit to recover for advertising. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Isadore S. Blumenthal, for appellant;
    Oscar M. Wolff, of counsel.
    Joseph F. Grossman, for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Edward C. Waller, appellee, v. Oscar J. Friedman, appellant.
    Gen. No. 25,034.
    Action for money had and received. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph P. Rafferty, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.

      Certiorari denied' by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 9, 1920.
    Rehearing denied April 1, 1920.
    Clarence Darrow, Herbert J. Friedman, Charles P. Schwartz and Ulysses S. Schwartz, for appellant.
    Thomas B. Lantry, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    McNeil & Higgins Company, appellant, v. Alex Feuereisen, appellee.
    Gen. No. 25,042.
    Action to recover on guaranty. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Oscar B. McGlasson, for appellant.
    Edward H. Luebeck, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    William D. Johnson, appellee, v. Frank C. Patten, appellant.
    Gen. No. 25,050.
    Action of trover and conversion of coupon notes. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George F. Barrett, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed on remittitur.
    Opinion filed March 9, 1920.
    George W. Brown, for appellant.
    Johan Waage, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    J. Haack, appellee, v. William F. Hanlon, appellant.
    Gen. No. 25,077.
    Action to recover balance due on account. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Joseph Rosenberg, for appellant;
    Benjamin Rosenberg, of counsel.
    Culver, Andrews, King & Stitt, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    New York Star Company, appellant, v. Charles Os-Ko-Mon, appellee.
    Gen. No. 25,102.
    Attachment proceeding. Judgment against garnishee. Appeal from the "Municipal Court of Chicago; the Hon. HoSea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Jacob E. Dittus, for appellant.
    Adolph Marks, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr. Presiding Justice Thomson

text:
    Henry Lesch, v. Masonic Fraternity Temple Association et al. Charles S. Thornton et al., trading as Thornton & Chancellor, appellants, v. Edward M. Willoughby, receiver, appellee.
    Gen. No. 24,793.
    Creditors’ claim in proceedings to wind up affairs of association. Decree for claimants. Appeal from the Circuit Court of Cook county; the Hon. Merritt W. Pinckney, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.

      Certiorari denied by Supreme Court (making opinion final).
    Decree modified and affirmed.
    Opinion filed March 18, 1920.
    Ben M. Smith and Harris F. Williams, for appellants.
    Judah, Willard, Wolf & Reichmann, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Nellie M. Coe, administratrix de bonis non of the estate of Fred R. Coe, deceased, appellant, v. Chicago Railways Company et al., appellees.
    Gen. No. 24,801.
    Action to recover for wrongful death of passenger of automobile in collision with street car. Judgment for defendants. Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    Novak & Novak, for appellant.
    Charles Le Roy Brown, for appellees;
    John R. Guilliams and Weymouth Kirkland, of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Anderson & Lind Manufacturing Company, v. William Liedlich et al. Henry Johnson, appellee, v. Anna Maltz, appellant.
    Gen. No. 24,843.
    Suit to foreclose mechanic’s lien. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Oscar E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.

      Certiorari denied by Supreme Court (making opinion final).
    Reversed.
    Opinion filed March 18, 1920.
    Max M. Korshak, for appellant.
    John E. Erickson, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Nels Larson, appellee, v. Chicago Street Railway Company and Chicago Railways Company, operating under name of Chicago Surface Lines, appellants.
    Gen. No. 24,865.
    Action to recover for personal injuries sustained, in collision of street car with truck. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Charles H. Bowles, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed with finding of fact.
    Opinion filed March 18, 1920.
    Frank L. Kriete and William H. Symmes, for appellants;
    J. R. Guilliams and P. L. McArdle, of counsel.
    Harry P. Gabel and James V. Cunningham, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    Unity I. McKenna, appellee, v. Chicago City Railways Company, appellant.
    Gen. No. 24,713.
    Action to recover for personal injury to pedestrian struck by street car. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    Rehearing denied April 20, 1920.
    Charles Le Roy Brown, for appellant;
    John R. Guilliams and John E. Kehoe, of counsel.
    James C. McShane, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice O'Connor

text:
    Laura E. Ashleman, appellee, v. Chicago & West Towns Railway Company, appellant.
    Gen. No. 24,750.
    Action to recover for personal injuries to street ear passenger by being thrown 'from car. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph H. Fitch, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    Rehearing denied March 31, 1920.
    Willard M. McEwen, for appellant.
    Francis J. Woolley, for appellee,
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    Barbara Grant, appellee, v. Ward Baking Company, appellant.
    Gen. No. 24,762.
    Action to recover for personal injuries by being struck by truck. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 18, 1920.
    Wilkerson, Cassels & Potter, for appellant;
    Ralph F. Potter, of counsel.
    Charles C. Spencer, for appellee.
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    Fannie Early, appellee, v. Marshall Field & Company, appellant.
    Gen. No. 24,771.
    Action to recover for personal injuries to patron of store by fall on stairway. Judgment for plaintiff. Appeal from the Circuit Court gf Cook county; the Hon. Edward M. Mangan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed with finding of fact.
    Opinion filed March 18, 1920.
    Frank P. Leffingwell, for appellant.
    Clyde C. Fisher, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    William J. Benekos, appellee, v. John Adinamis, appellant.
    Gen. No. 24,841.
    Action to recover balance due on account stated. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    A. A. Pantelis and William M. Johnson, for appellant.
    No appearance for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Hotel Sherman Company, appellee, v. Gustav J. Landeck, appellant.
    Gen. No. 24,847.
    Action to recover for hotel accommodations and board. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    Harry A. Biossat, for appellant.
    Max M. Drefkoff, for appellee;
    Morris K. Levinson, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Taylor

text:
    August Saldukes, appellant, v. Anton Briszko, appellee.
    Gen. No. 24,727.
    Action to recover on promissory note. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    A. A. Worsley, for appellant;
    Lawrence Harmon, of counsel.
    Coburn & Bentley, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    James F. Bishop, administrator of the estate of Marie Machacek, appellee, v. John Cepican, also known as Jan Cepican, appellant.
    Gen. No. 24,792.
    Action to recover for wrongful death by being struck by automobile. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    Pollock & Rainey, for appellant;
    Robert S. Cook, of counsel.
    No appearance for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    John Goldstein, appellee, v. Chicago Railways Company and Chicago City Railway Company, operating under name of Chicago Surface Lines, appellants.
    Gen. No. 24,844.
    Action to recover for personal injuries in ejection from street car. Judgment for plaintiff. Appeal from the Cireuitu Court of Cook county; the Hon. Edward M. Mangan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed March 18, 1920.
    Rehearing denied March 31, 1920.
    Philip Rosenthal and Watson J. Ferry, for appellants;
    W. W. Gurley and J. R. Guilliams, of counsel.
    Northup, Fairbank & Klein, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Justice Dibell

text:
    Second District.
    Walter B. Stroud, appellee, v. Maddra J. Hewlett, appellant.
    Gen. No. 6,755.
    Action to recover for services rendered and failure to transfer a half interest in a patent. Judgment for plaintiff. Appeal from the City Court of Kewanee; the Hon. H. Sterling Pomeroy, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed December 17, 1919.
    James H. Andrews, for appellant.
    John T. Cummings, for appellee.
   Mr. Justice Dibell

delivered the opinion of the court.


author: Mr. Presiding Justice Niehaus

text:
    Cyclone Blow Pipe Company, defendant in error, v. Empire Manufacturing Company, plaintiff in error.
    Gen. No. 6,700.
    . Action to recover by subrogation under section 17, paragraph B, of the Workmen’s Compensation Act of 1911. Judgment for plaintiff. Error to the Circuit Court of Winnebago county; the Hon. Frank E. Shopen, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    A. D. Early and B. B. Early, for plaintiff in error.
    Fisher, North, Welsh & Linscott and Moses, Rosenthal & Kennedy, for defendant in error;
    Walter Bachrach and Henry Jackson Darby, of counsel.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


text:
    David C. Pfoutz, appellee, v. Alvin F. Riley, appellant.
    Gen. No. 6,716.
    Action for commissions due for procuring purchaser for farm. Judgment for plaintiff. Appeal from the County Court of Winnebago county; the Hon. Fred E. Carpenter,, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Roy F. Hall, for appellant.
    Frank M. Ryan and Charles W. Ferguson, for appellee.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


text:
    Myrla Rowe, defendant in error, v. Eva Black et al., plaintiffs in error.
    Gen. No. 6,730.
    Bill for partition of real estate. Decree for complainant. Error to the Circuit Court of Winnebago county; the Hon. Robert K. Welsh, Judge, presiding.^ Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Reynolds & Reckhow, for plaintiffs in error.
    Roy F. Hall and J. E. Goembel, for defendant in error.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


text:
    Georgina S. Bingham, appellant, v. Frank H. DeArment, appellee.
    Gen. No. 6,754.
    Petition to vacate an order dismissing an appeal from judgment of justice of the peace. Petition denied. Appeal from the Circuit Court of Winnebago county; the Hon. Robert K. Welsh, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Fisher, North, Welsh & Linscott, for appellant.
    A. Philip Smith, for appellee.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


text:
    Tony Domenicantonio, administrator, appellee, v. Clarence E. Fort, appellant.
    Gen. No. 6,719.
    Action for death of pedestrian struck by automobile while crossing street. Judgment for plaintiff. Appeal from the Circuit Court of Winnebago county; the Hon. Robert K. Welsh, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Fisher, North, Welsh & Linscott, for appellant.
    Roy F. Hall, for appellee.
   Mr. Justice Dibell

delivered the opinion of the court.


text:
    William J. Weeks, administrator, appellee, v. Eugene J. La Marre, executor, appellant.
    Gen. No. 6,720.
    Action to recover for services as housekeeper and nurse. Judgment for plaintiff. Appeal from the Circuit Court of Kankakee county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the October term, 1919.
    Judgment modified and affirmed.
    Opinion filed March 9, 1920.
    J. Bert Miller, for appellant.
    W. R. Hunter and Wayne H. Dyer, for appellee.
   Mr. Justice Dibell

delivered the opinion of the court.


text:
    Earl R. Palmer et al., plaintiffs in error, v. The Bull Dog Auto Fire Insurance Association, defendant in error.
    Gen. No. 6,735.
    Action for loss of an automobile by theft on policy of insurance. Judgment for defendant. Error to the Circuit Court of Peoria county; the Hon. Charles V. Miles, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Arthur Keithley, for plaintiffs in error.
    Clarence W. Heyl and Harry C. Heyl, for defendant in error.
   Mr. Justice Dibell

delivered the opinion of the court.


text:
    Roy K. Farwell, appellee, v. Pearl M. Farwell, appellant.
    Gen. No. 6,750.
    Petition by divorced husband for custody of children. Application by wife for solicitor’s fees to resist petition. Petition granted. Application denied. Appeal from the Circuit Court of Stephenson county; the Hon. Richard S. Farrand, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Rehearing denied April 14, 1920.
    R. J. Carnahan and George A. Schneider, for appellant.
    Robert A. Hunter, for appellee.
   Mr. Justice Dibell

delivered the opinion of the court.


author: Mr. Justice Heard

text:
    Dulcena B. Creps, administratrix of the estate of S. F. Creps, deceased, defendant in error, v. Cleveland, Cincinnati, Chicago & St. Louis Railroad Company, plaintiff in error.
    Gen. No. 6,712.
    Action for death caused by train running at high speed in violation of ordinance. Judgment for plaintiff. Error to the Circuit Court of Iroquois county; the Hon. Frank L. Hooper, Judge, presiding. Heard in this court at the October term, 1919.

      Oertiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 9, 1920.
    Free P. Morris, Eugene P. Morris and Roscoe C. South, for plaintiff in error;
    L. J. Hackney and Frank L. Littleton, of counsel.
    C. Helmer Johnson and Claude N. Saum, for defendant in error;
    James D. Power, of counsel.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    B. Manfield, appellant, v. B. Weinman and M. Werner, trading as Weinman & Werner. B. Weinman, appellee.
    Gen. No. 6,713.
    Action to recover damages for breach of contract to deliver scrap iron. Judgment for defendant Weinman after dismissal as to defendant Werner. Appeal from the Circuit Court of De Kalb county; the Hon. C. F. Irwin, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Alschuler, Putnam & Flannigen, for appellant.
    James W. Cliffe and William J. Fulton, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Charles W. Pease, administrator of the estate of Warren W. Pease, deceased, plaintiff in error, v. Rockford City Traction Company and Rockford & Interurban Railway Company, defendants in error.
    Gen. No. 6,717.
    Action for personal injuries while in defendants’ employ. Judgment for defendants. Error to the Circuit Court of Winnebago county; the Hon. Claire C. Edwards, Judge, presiding. Heard in this court fit the October term, 1919.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Roy F. Hall, for plaintiff in error.
    Fisher, North, Welsh & Linscott, for defendants in error.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. A. J. Platt, appellee, v. City Council of the City of Sterling et al., appellants.
    Gen. No. 6,721.
    Mandamus to compel city council and commissioners to remove building obstructing a public street. Writ of ouster and judgment for petitioner. Appeal from the Circuit Court of Whiteside county; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    J. J. Ludens, for appellant City Council of Sterling.
    N. G. Van Sant and R. W. Besse, for appellant Weeks Coal Company.
    Henry C. Ward, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Emma L. Brown, appellee, v. Farmers State Bank of Alpha, appellant.
    Gen. No. 6,724.
    Bill to set aside assignments of leases obtained through intimidations, coercion and misrepresentation. Decree for complainant. Appeal from the Circuit Court of Henry county; the- Hon. Emery C. Graves, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded with directions.
    Opinion filed March 9, 1920.
    Almon H. Linn and Hinebaugh & Armstrong, for appellant.
    James A. Steven, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Mary A. Rickards, appellee, v. Farmers State Bank of Alpha, appellant.
    Gen. No. 6,725.
    Bill for an accounting of rents. Decree for complainant. Appeal from the Circuit Court of Henry county; the Hon. Emery O. Graves, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 9, 1920.
    Almon H. Linn and Hinebaugh & Armstrong, for appellant.
    James A. Steven, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Garret Pluym, appellant, v. Illinois Central Railroad Company, appellee.
    Gen. No. 6,726.
    Trespass on the ease to recover for the killing of cattle on defendant’s tracks by an engine. Judgment for defendant. Appeal from the Circuit Court of Jo Daviess county; the Hon. James S. Baume and Hon. Oscar E. Heard, Judges, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    M. H. Cleary, for appellant.
    Martin J. Dillon, for appellee;
    John G. Drennan, of counsel.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Raymond S. Frost, administrator, appellee, v. Rockford & Interurban Railway Company, appellant.
    Gen. No. 6,731.
    Action to recover for death in consequence of a collision between an automobile and an interurban ear running at unlawful speed. Judgment for plaintiff. Appeal from the Circuit Court of Winnebago county; the Hon. Eobert K. Welsh, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    Fisher, North, Welsh & Linscott, for appellant.
    Roy F. Hall and J. E. Goembel, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Leroy Smallenberger, appellee, v. Peoria Railway Company, appellant.
    Gen. No. 6,733.
    Action to recover for damages to an automobile, the result of a collision with a street car. Judgment for plaintiff. Appeal from the County Court of Peoria county; the Hon. Eobert H. Lovett, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Hunter, Page & Kavanagh, for appellant.
    Frank A. Hall, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Lucas I. Butts, sheriff, appellee, v. Peoria Livery Company et al., appellants.
    Gen. No. 6,734.
    Action against sheriff upon replevin bond. Judgment for defendants. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the October term, 1919.
    Niehaus, P. J., took no part.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Arthur Keithley, for appellants.
    Kirk & Shurtleff, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    County of Peoria ex rel. The People of the State of Illinois, appellee, v. Christopher Harrigan, appellant.
    Gen. No. 6,736.
    Petition to remove executor on ground of fraud, waste and mismanagement. Petition granted. Appeal from the Circuit Court of Peoria co.unty; the Hon. Theodore N. Green, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 9, 1920.
    Joseph W. Maple, for appellant.
    C. E. McNemar, for appellee;
    Dan R. Sheen, of counsel.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Floyd D. Bromley, appellee, v. Peoria Railway Company, appellant.
    Gen. No. 6,740.
    Action for injuries to passenger riding on footboard of over-crowded street car. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the October term, 1919.
    Niehaus, J., took no part.
    Reversed and remanded.
    Opinion filed March 9, 1920.
    Hunter, Page & Kavanagh, for appellant.
    Clarence W. Heyl and Harry C. Heyl, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Christina Hoffman, appellee, v. Estate of Frank Abrogast, deceased, appellant.
    Gen. No. 6,753.
    Appeal on a claim in county court for board, food, labor and services. Judgment for claimant. Appeal from the Circuit Court of Lee county; the Hon. Bichard S. Farrand, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    H. A. Brooks and Lebbeus Woods, for appellant.
    Harry Edwards and Henry C. Warner, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Sherman W. Shafer and Ray C. Ferguson, appellees, v. William Gradert and John F. Tomlinson, appellants.
    Gen. No. 6,756.
    Action to recover difference between market value and contract price of land. Judgment for plaintiffs. Appeal from the Circuit Court of Henry county; the Hon. Emery C. Graves, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    John T. Cummings and James H. Andrews, for appellants.
    Harry E. Brown, for appellees.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Susan Mason, appellee, v. George Mason, appellant.
    Gen. No. 6,759.
    Bill for separate maintenance. Decree for complainant for $75 per month 'alimony. Appeal from the Circuit Court of La Salle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    McDougall, Chapman & Bayne and R. C. Donoghue, for appellant.
    Kelly, Kelly & Kelly, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    William L. Belden, appellee, v. Wesley Morss, appellant.
    Gen. No. 6,763.
    Action to recover balance due for rent. Judgment for plaintiff. Appeal from the County Court of Knox county; the Hon. Walter C. Frank, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 9, 1920.
    J. E. Maley and R. C. Hunt, for appellant.
    Marsh & Rice, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


text:
    Elias Michael, administrator of the estate of Frank Michael, deceased, appellant, v. Prairie State Canning Company, appellee.
    Gen. No. 6,711.
    Action to recover for death of an invitee, caused by a defective electric switch. Judgment for defendant. Appeal from the Circuit Court of Woodford county; the Hon.' George W. Patton, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed April 21, 1920.
    Barnes, Magoon & Black, for appellant.
    Frank M. Cox and Albert N. Powell, for appellee;
    Jack, Irwin & Jack, of counsel.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


text:
    Abe J. David et al., appellants, v. L. Elmer Hulse et al., appellees.
    Gen. No. 6,749.
    Bill to foreclose a chattel mortgage. Judgment for defendants. Appeal from the Circuit Court of Lake county; the Hon. Claire C. Edwards, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 21, 1920.
    Justin K. Orvis, for appellants.
    George W. Field, for appellees.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


text:
    John O. Gylling, appellee, v. City of Galva, appellant.
    Gen. No. 6,752.
    Action to recover for damages to property caused by local improvements made .by a city. Judgment for plaintiff. Appeal from the Circuit Court of Henry county; the Hon. Emery C. Graves, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 21, 1920.
    Clark Aby and Henry Waterman, for appellant.
    Sturtz & Ewan, for appellee.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


text:
    First National Bank of Sterling et al., appellants, v. Otto Heide, appellee.
    Gen. No. 6,771.
    Motion to dissolve injunction restraining the withdrawal and payment of money on deposit in a bank. Motion denied. Appeal from the Circuit Court of Whiteside county; the Hon. Frank D. Ramsay, Judge, presiding. Heard in this court at the April term, 1920.
    Reversed and remanded with directions.
    Opinion filed May 7, 1920.
    Carl E. Sheldon, for appellants.
    Jacob Cantlin, for appellee.
   Mr. Justice Heard

delivered the opinion of the court.


author: Per Curiam.

text:
    E. V. Orvis, appellee, v. John D. Goehringer, appellant.
    Gen. No. 6,799.
    Failure to file a docket fee. Action dismissed. Appeal from the Circuit Court of Lake county; the Hon. Claire C. Edwards, Judge, presiding. Heard in this court at the April term, 1920.
    Affirmed.
    Opinion filed May 7, 1920.
    George W. Field, for appellant.
    E. V. Orvis, pro se.

   Per Curiam.


author: Mr. Presiding Justice Graves

text:
    Third District.
    The People of the State of Illinois, defendant in error, v. Emma Berry, plaintiff in error.
    , Conviction on charge of selling intoxicating liquor in anti-saloon territory. Error to the City Court of Mattoon; the Hon. John McNutt, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.

      Ira Powell, for plaintiff in error.
    Emery Andrews, for defendant in error.
   Mr. Presiding Justice Graves

delivered the opinion of the court.


text:
    Mabel Casteel, plaintiff in error, v. Springfield Consolidated Railway Company, defendant in error.
    Action to recover for injuries received by an alighting passenger. Judgment for defendant. Error to the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge,' presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed April 27, 1920.
    John W. Sheehan and Robert H. Patton, for plaintiff in error.
    A. M. Fitzgerald and Harleigh H. Hartman, for defendant in error.
   Mr. Presiding Justice Graves

delivered the opinion of the court.


text:
    George J. Gay, appellant, v. American Casualty Company, appellee.
    Action on a general automobile indemnity policy of insurance for injury sustained by a passenger for hire. Judgment for defendant. Appeal from the Circuit Court of Vermilion county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the October term,-1919.
    Affirmed.
    Opinion filed April 27, 1920.
    Dwyer & Dwyer, for appellant.
    Acton & Acton, for appellee.
   Mr. Presiding Justice Graves

delivered the opinion of the court.


text:
    Maria Wickstrom, appellee, v. Robert R. Rodman, appellant.
    Action to recover of an att'orney the excess paid him under protest for fees over and above what his services were reasonably worth. Judgment for plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the October.' term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.
    Clark & Hutton, for appellant.
    Charles Allen and O. M. Jones, for appellee.
   Mr. Presiding Justice Graves

delivered the opinion of the court.


text:
    Noah Atkins, administrator of the estate of Carroll Atkins, deceased, appellee, v. Central Illinois Public Service Company, appellant.
    Action for negligently causing death by contact with an are light wire. Judgment for plaintiff. Appeal from the City Court of Pana; the Hon. J. H. Fornoff, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed April 27, 1920.
    Vause & Kiger, for appellant;
    J. W. Priehs, of counsel.
    Griffith & Smith and McDavid & Monroe, for appellee.
   Mr. Presiding Justice Graves

delivered the opinion of the court.


author: Mr. Justice Eldredge

text:
    Minnie Simcox, by George B. Simcox, appellee, v. William O'Connell, appellant.
    Action for injuries to person sustained by collision of ambulance with truck. Judgment for plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. John H„ Marshall, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 27, 1920.
    Lambert & Mayer and Walter J. Grant, for appellant.
    A. B. Dennis and Graham & Dysert, for appellee;
    Thomas A. Graham, of counsel.
   Mr. Justice Eldredge

delivered the opinion of the court.


text:
    Benjamin Eyre, appellee, v. George Worrick, appellant.
    Action for.injuries to hand caught in ensilage cutter. Judgment for plaintiff. Appeal from the Circuit Court of McLean county; the Hon. Sain Welty, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.
    Frank Gillespie and William R. Bach, for appellant.
    Livingston & Whitmore, for appellee.
   Mr. Justice Eldredge

delivered the opinion of the court.


text:
    William L. Jordan, appellee, v. John M. Griffith, appellant.
    Action on the case for malicious prosecution. Judgment for plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of facts.
    Opinion filed April 27, 1920.
    A. B. Dennis, for appellant.
    O. M. Jones and A. A. Johnson, for appellee.
   Mr. Justice Eldredge

delivered the opinion of the court;


text:
    John Hall, appellant, v. M. Feuer and John Speigel, trading as Feuer & Speigel, appellees.
    Action to recover cost of empty soda water bottles and cases for same. Judgment for defendants. Appeal from the Circuit Court of Sangamon county; the Hon. Frank W. Burton, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.
    L. E. Stone, for appellant.
    John G. Friedmeyer, for appellees.
   Mr. Justice Eldredge

delivered the opinion of the court.


text:
    Kespohl-Mohrenstecher Company, appellee, v. W. E. Williamson, appellant.
    Action by tenant for damages to stock of dry goods by water from radiator. Judgment for plaintiff. Appeal from the Circuit Court of Adams county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.
    Lawrence E. Emmons and John E. Wall, for appellant.
    Rolland M. Wagner and S. A. Hubbard, for appellee.
   Mr. Justice Eldredge

delivered the opinion of the court.


text:
    Walter D. Stilabower, appellee, v. Benjamin F. Fletcher, appellant.
    Action to recover for damage to automobile and medical treatment of wife due to collision with defendant’s automobile. Judgment for plaintiff. Appeal from the Circuit Court of Moultrie county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed April 27, 1920.
    E. J. Miller, for appellant.
    W. A. Doss, J. L. McLaughlin and Elliott Billman, for appellee.
   Mr. Justice Eldredge

delivered the opinion of the court.


text:
    C. B. Gones, appellee, v. J. G. Fisher, appellant.
    Action for injuries sustained by being run over by defendant’s automobile driven at excessive speed. Judgment for plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. Augustus A. Partlow, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.
    Ralph M. Jinkins and Lindley, Penwell & Lindley, for appellant;
    Walter C. Lindley, of counsel.
    Thomas A. Graham and Walter T. Gunn, for appellee.
   Mr. Justice Eldredge

delivered the opinion of the court.


text:
    James M. Melone, appellant, v. W. T. Page and Anna E. Page, appellees.
    Bill to foreclose vendor’s lien. Judgment for defendants. Appeal from the Circuit Court of Macoupin county; the Hon. Prank W. Burton, Judge; presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.
    Alfred A. Isaacs, Edward C. Knotts and E. N. Nevins, for appellant.
    T. K. Rinaker and Thomas Rinaker, for appellees.
   Mr. Justice Eldredge

delivered the opinion of the court.


text:
    Joseph Schingle, Jr., appellee, v. M. S. & A. E. Plaut, executors of last will of S. Plaut, deceased, appellants.
    Action to recover balance due on a building contract, deducted as a penalty for delay due to strike. Judgment for -plaintiff. Appeal from the Circuit Court of Vermilion county; the Hon. John H. Marshall, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of fact.
    Opinion filed April 27, 1920.
    Swallow & Bookwalter, for appellants.
    F. L. Draper and C. R. Shannon, for appellee.
   Mr. Justice Eldredge

delivered the opinion of the court.


author: Mr. Justice Waggoner

text:
    The People of the State of Illinois, defendant in error, v. Caroline Gedwill, plaintiff in error.
    Conviction on charge of selling liquor in anti-saloon territory. Error to the County Court of Sangamon county; the Hon. J. B. Weaver, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed April 27, 1920.
    William E. Fain, for plaintiff in error.
    C. F. Mortimer, for defendant in error;
    Edward Pree and James Weldon, of counsel.
   Mr. Justice Waggoner

delivered the opinion of the.court.