text:
    Fred J. Dornself, appellee, v. David Levi, appellant.
    Gen. No. 24,830.
    Action for slander. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded.
    Opinion filed December 31, 1919.
    Bunge, Harbour & Schmidt, for appellant; Grossberg & Haffenberg, of counsel.
    Philip L. Sullivan and John E. Crahen, for appellee; Frank M. Padden, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


source: Caselaw Access Project

author: Mr. Justice Barnes

license: Public Domain

text:
    William H. Pruyn, Jr. and Mary A. Pruyn, appellees, v. Bank of Commerce and Savings et al., appellants.
    Gen. No. 25,346.
    Bill to restrain assignment and transfer of negotiable notes. Decree of interlocutory injunction. Interlocutory appeal from the Circuit Court of Cook county; the Hon. Merritt W. Pinckney, Judge, presiding. Heard in the Branch Appellate Court.
    Affirmed.
    Opinion filed December 31, 1919.
    King, Brower & Hurlbut, for appellant Bank of Commerce and Savings.
    Eben F. Runyan and George L. Turnbull, for appellees.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Peter A. Badorf, plaintiff in error, v. Joseph F. Ebert and Wells Fargo Express Company, defendant in error.
    Gen. No. 23,665.
    Error to the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
    Affirmed on striking stenographic report.
    Opinion filed December 31, 1919.
    Morris Loeff, for plaintiff in error; Oscar E. Leinen, of counsel.
    Samuels & Samuels, for defendant in error Joseph F. Ebert.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    A. Smith, defendant in error, v. Seymour H. Neumann, plaintiff in error.
    Gen. No. 24,902.
    Action to recover damages to truck and for loss of use of same, injured in collision with defendant’s automobile. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Horn John R. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Reversed and remanded.
    Opinion filed December 31, 1919.
    Joseph M. Connery, for plaintiff in error; Sinden, Hassell & Osusky, of counsel.
    Coburn & Bentley, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    John L. Bobo, defendant in error, v. Arthur B. McCoid, plaintiff in error.
    Gen. No. 24,938.
    Action to recover money due under written instrument. Judgment for plaintiff. Error to the Circuit Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed December 31, 1919.
    Arthur B. McCoid, pro se; H. O. Bumery, of counsel.
    Moses, Bosenthal & Kennedy, for defendant in error; Julius Moses and Hirsch E. Soble, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr. Presiding Justice Thomson

text:
    Merchants Loan and Trust Company et al., appellees, v. John C. Trainor, appellant.
    Gen. No. 24,716.
    Distress for rent. Judgment for plaintiffs on allowance of set-off. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed December 31, 1919.
    James E. McGrath, for appellant.
    Victor C. Winnen, for appellees.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Jacob Wolflin, appellee, v. City of Chicago et al., on appeal of James Tinley and Arthur Bairstow, appellants.
    Gen. No. 24,742.
    Action to recover for personal injuries resulting from falling into excavation in street. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Martin M. Gridley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed December 31, 1919.
    James H. McFarland, for appellants.
    Carleton H. Pendleton, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Frank Kordelewski, appellee, v. Western Packing and Provision Company, appellant.
    Gen. No. 24,765.
    Action to recover for personal injuries to employee. 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 December 31, 1919.
    MaeChesney, Becker, Angerstein & Bollo, for appellant; Nathan William MaeChesney, Thomas C. Angerstein and George W. Anger-stein, of counsel.
    S". P. Douthart and Fred C. Smith, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    Mary A. Searles, appellee, v. Western Life Indemnity Company, appellant.
    Gen. No. 24,595.
    Action to recover on benefit certificate issued by fraternal _ insurance society. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed December 31, 1919.
    Rehearing denied January 20, 1920.

      Thomas J. Graydon, for appellant.
    Hollett, Sauter & Hollett, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    John J. Burke, trading as Alexander Burke’s Sons, appellee, v. Harry L. Hagerman et al., on appeal of Gerhard G. Schoneberger et al., appellants.
    Gen. No. 24,603.
    Bill to foreclose mechanic’s lien. Decree in favor of complainant. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the. October term, 1918.
    Affirmed.
    Opinion filed December 31, 1919.
    Robert D. Meliek, for appellants.
    Edmund W. Froehlich, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Taylor

text:
    E. Arline Opp, defendant in error, v. Edward B. Pryor, receiver of Wabash Railroad Company, plaintiff in error.
    Gen. No. 24,572.
    Action to recover for personal injury to automobile passenger, in collision with train. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the Branch ‘Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed December 31, 1919.
    Hay & Brown, for plaintiff in error.
    Leo Koretz and John A. Irrmann, for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Gottlaub L. Levinson, appellant, v. Charles R. Morse, appellee.
    Gen. No. 24,602.
    Action to recover for personal injuries by being struck by automobile. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. Sain Welty, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed December 31, 1919.
    Robert D. Meliek, for appellant.
    Baker, Robertson & McClanahan, for appellee; Dillard B. Baker, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Max C. Munzer, appellant, v. Christ Boyschou and Julius Loeser (garnishee), appellees.
    Gen. No. 24,699.
    Attachment proceeding. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Edmund K. Jarecki, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded.
    Opinion filed December 31, 1919.
    Rudolph Wolfner, for appellant.
    P. P. Murray, for appellees.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Presiding Justice McSurely

text:
    Arthur C. Meyers, plaintiff in error, v. The Ward Baking Company, defendant in error.
    Gen. No. 24,930.
    Action to recover for personal injuries by being struck by motor truck. Judgment for defendant. Error to the Superior Court of Cook county; the Hon, Martin M. Gridley, Judge, presiding. Heard in this court at the March term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Rehearing denied January 26, 1920.
    Finn & Miller, for plaintiff in error; Munson T. Case, of counsel.
    Wilkerson, Cassels & Potter, for defendant in error; Ralph F. Potter, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Charles L. Dougherty, trading as Charles L. Dougherty & Company, appellant, v. Michigan Central Railroad Company, appellee.
    Gen. No. 25,307.
    Action to recover damages for failure to furnish water power to run grain elevator. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in this co.urt at the October term, 1919.
    Reversed and judgment of nil capiat.

    Opinion filed January 12, 1920.
    Jeffery, Campbell & Clark, for appellant; James Clarke Jeffery and Stephen A. Cross, of counsel.
    Winston, Strawn & Shaw, for appellee; Frank H. Towner, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Samuel Schaefer, plaintiff in error.
    Gen. No. 25,340.
    Criminal prosecution. Judgment of guilty. Error to the Municipal Court of Chicago; the Hon. John W. Richardson, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Rehearing denied January 26, 1920.
    S. L. and Fred Lowenthal, for plaintiff in error.
    Maclay Hoyne and Edward E. Wilson, for defendant in error.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    W. G. Tennant, defendant in error, v. John Hemwall, impleaded with Louis Absher, plaintiff in error.
    Gen. No. 25,354.
    Action of replevin. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. John Richardson, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Cavender & Kaiser, for plaintiff in error.
    Sabath, Stafford & Sabath, for defendant in error; Thomas M. Zasadil, Jr. and Sydney J. Sabath, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


author: Mr. Justice Dever

text:
    Lucile Frances Dustin, plaintiff in error, v. Central Business Men’s Association, defendant in error.
    Gen. No. 24,388.
    Action to recover on accident policy. Judgment for defendant. Error to the Superior Court of Cook county; the Hon. Martin M. Gridley, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Rehearing denied January 26, 1920.
    Adams, Crews, Childs & Bobb, for plaintiff in error.
    Helmer, Moulton, Whitman & Whitman, for defendant in error; Frank A. Helmer and Charles R. Holton, of counsel.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Abraham Marcus, plaintiff in error, v. Yellow Cab Company, defendant in error.
    Gen. No. 24,874.
    Action to recover for personal injuries to taxicab passenger, in collision with automobile. Judgment for plaintiff. Error to the Superior Court of Cook' county; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Jacob Levy and Josiah Burnham, for plaintiff in error.
    D ’Ancona & Pflaum, for defendant in error.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Tustin Packing Company, plaintiff in error, v. Southern Pacific Company, defendant in error.
    Gen. No. 24,964.
    Action to recover damages for injury to shipment of lemons by delay and negligence as warehouseman. Judgment for defendant. Error to the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Charles A. Butler, for plaintiff in error.
    John A. Sheean, for defendant in error.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    West American Fruit Company, plaintiff in error, v. Southern Pacific Company, defendant in error.
    Gen. No. 24,983.
    Action to recover damages for injury to shipment of oranges for negligence in carriage and as warehouseman. Judgment for defendant. Error to the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Charles A. Butler, for plaintiff in error.
    John A. Sheean, for defendant in error.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    The Inter Ocean Newspaper Company for use of William E. Norris, plaintiff in error, v. John R. Robertson, defendant in error.
    Gen. No. 25,260.
    Action to hold individual stockholder liable for debts of corporation. Judgment for defendant. Error to the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and judgment here.
    Opinion filed January 12, 1920.
    Rehearing denied and judgment modified January 26, 1920.
    Clinton A. .Stafford, A. W. Martin and Edward H. S. Martin, for plaintiff in error.
    Ashcraft & Ashcraft, for defendant in error; E. M. Ashcraft, of counsel.
   Mr. Justice Dever

delivered the opinion of the court.


author: Mr. Justice Holdom

text:
    Connery Fruit Company, defendant in error, v. Delaware, Lackawanna & Western Railway Company, plaintiff in error.
    Gen. No. 24,937.
    Action to recover damages for injury to shipment of lemons, by unreasonable delay, rough handling and failure to protect from Weather conditions. Judgment for plaintiff, Error to the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in this court at the October term, 1918.
    Affirmed.
    Opinion filed January 12, 1920.
    Adams, Follansbee, Hawley & Shorey, for plaintiff in error; Samuel Adams and John E. Gavin, of counsel.
    Joseph M. Connery, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Connery Fruit Company, appellee, v. Delaware, Lackawanna & Western Railway Company, appellant.
    Gen. No. 24,260.
    Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding. Heard in this court at the October term, 1918.
    Affirmed on authority of Connery Fruit Co. v. Delaware, L. & W. Ry. Co., ante, p. 639.
    Opinion filed January 12, 1920.
    Adams, Follansbee, Hawley & Shorey, for appellant; Samuel Adams and John E. Gavin, of counsel.
    Joseph M. Connery, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Harry Libitsky, defendant in error, v. Rose Pikowsky, administratrix of the estate of Herman Pikowsky, deceased, plaintiff in error.
    Gen. No. 24,941.
    Action to recover for money had and received. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Bufus F. Bobinson, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Bernard J. Brown, for plaintiff in error.
    Joseph Bolnick, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    John Demas, defendant in error, v. Panagiota Bogris, plaintiff in error.
    Gen. No. 25,271.
    Action to recover from widow hospital bills and funeral expenses of deceased husband. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed.
    Opinion filed January 12, 1920.
    B. M. Shaffner, for plaintiff in error.
    Joseph W. Schulman, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Joseph T. Delfosse, defendant in error, v. Anna N. Kendall, plaintiff in error.
    Gen. No. 25,293.
    Action to recover on promissory note. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 12, 1920.
    Rehearing denied January 26, 1920.
    Samuel B. Hill, for plaintiff in error.
    George L. Schein, for defendant in error; Francis L. Brinkman, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Abbott Manufacturing Company, defendant in error, v. M. Dencer Company, plaintiff in error.
    Gen. No. 25,332.
    Suit for specific performance of contract to lease, to enjoin forcible .detainer suit, and for damages for breach of covenant to repair. Decree for complainant. Error to 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 January 12, 1920.
    Samuel G. Hamblen, for plaintiff in error.
    Litsinger, Healy & Eeid, for defendant in error; James J. Finn, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Equitable Securities Company et al., v. Midland Casualty Company. In re petition of Charles A. White, appellee, v. Equitable Securities Company et al., appellants.
    Gen. No. 25,476.
    Plea of release of errors. Demurrer sustained to plea. 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, 1919.
    Demurrer sustained.
    Opinion filed January 19, 1920.
    Thomson, P. J., dissenting.
    Cleland, Lee & Phelps, for appellants.
    Muller, Gorham, Wales & Noxon, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    City of Chicago, defendant in error, v. George Chandler, plaintiff in error.
    Gen. No. 25,364.
    Prosecution for keeping disorderly house. Judgment of guilty. Error to the Municipal Court of Chicago; the Hon. Edmund K. Jarecki, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Henry M. Seligman, for plaintiff in error.
    Samuel Ettelson and Harry B. Miller, for defendant in error; Daniel Webster, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. John Dixon, plaintiff in error.
    Gen. No. 25,388.
    Prosecution for unlawful assemblage. Judgment of guilty. Error to the Municipal Court of Chicago; the Hon. Hugh R. Stewart, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed.
    Opinion filed January 26, 1920.
    William J. Latham, for plaintiff in error.
    Maclay Hoyne and Edward E. Wilson, for defendant in error.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Charles H. Ravell, appellee, v. Evening American Publishing Company, appellant.
    Gen. No. 25,400.
    Action to recover bonus under advertising contract. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed January 26, 1920.
    Roy D. Keehn, for appellant; Edward G. Woods, of counsel.
    Myer Linker, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    C. A. Watson & Sons, appellee, v. Amy Kramer et al., trading as Kramer Bros. & Mages, appellants.
    Gen. No. 25,409.
    Action to recover balance of contract price for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Leo J. Doyle, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Joseph Kampfner, for appellants.
    Hoyne, O’Connor & Irwin, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    James F. Bishop, administrator of the estate of William Albert Schiele, deceased, plaintiff in error, v. Chicago Railways Company, defendant in error.
    Gen. No. 25,432.
    Action to recover for unlawful death by being thrown from platform of street car. Judgment for defendant. Error to 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 January 26, 1920.
    Joseph H. Lawler and Joseph B. Lawler, for plaintiff in error.
    Prank L. Kriete and William H. Symmes, for defendant in error; J. R. Guilliams and P. L. MeArdle, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    E. F. Witt, appellee, v. C. F. Wenham and Paul H. Williams, trading as The Chicago Oil Exchange, and Chicago & Western Oil Exchange, appellants.
    Gen. No. 25,441.
    Action to recover for money induced to be paid by false representations. 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.
    Reversed with findings of fact.
    Opinion filed January 26, 1920.
    James L. Bynum, for appellants.
    Jarvis A. Blume, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Arthur W. Guthaus, appellee, v. Eugene Goldman, appellant.
    Gen. No. 25,487.
    Action to recover commissions under sales contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Mergentheim, Altheimer & Mayer, for appellant; Maxim Hirsch, of counsel.
    George C. Geier, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Charles C. Smith, appellee, v. Eugene Goldman, appellant.
    Gen. No. 25,488.
    Action of replevin. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Richardson, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Mergentheim, Altheimer & Mayer, for appellant; Maxim Hirsch, of counsel.
    Malato, Wolf & Love, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion qf the court.


text:
    Stanley Wenz, administrator of the estate of John Steinert, deceased, appellee, v. Frank Oechslin, appellant.
    Gen. No. 25,237.
    Action to recover for wrongful death of 10-year-old boy by being struck by motor truck. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    M. P. Cornelius, George R. Sanderson and Murphy O. Tate, for appellant; Mantón Maverick, of counsel.
    Morse Ives and H. H. Patterson, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Wignall-Moore Company, defendant in error, v. Erie Railroad Company, plaintiff in error.
    Gen. No. 25,358.
    Action to recover damages for injury to shipment of grapes, by delay and failure to safely carry same. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed January 26, 1920.
    Adams, Follansbee, Hawley & Shorey, for plaintiff in error; Mitchell D. Eollansbee and John E. Gavin, of counsel.
    Charles A. Butler, for defendant in error.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Samy Belfiore, alias Lucio Missina, plaintiff in error.
    Gen. No. 25,375.
    Prosecution for drawing checks with intent to defraud. Judgment of guilty. Error to the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed.
    Opinion filed January 26, 1920.
    Thomas E. Swanson, for plaintiff in error.
    Maelay Hoyne, for defendant in error.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Christ Kairath, appellee, v. North American Brewing Company, appellant.
    Gen. No. 25,382.
    Action to recover for work done in repair of wagon. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Winston & Lowy, for appellant.
    William J. Moore, for appellee.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Frank Nikitas, plaintiff in error.
    Gen. No. 25,394.
    Prosecution for receiving stolen property. Judgment of guilty. Error to the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed January 26, 1920.
    Timothy J. Fell, for plaintiff in error^ F. O. Floberg, of counsel.
    Maelay Hoyne, for defendant in error.
   Mr. Justice Dever

delivered the opinion of the court.


text:
    Ruby Bensabott, plaintiff in error, v. Chicago Arena Company, defendant in error.
    Gen. No. 25,371.
    Action to recover for personal injury by being knocked down in skating rink. Judgment for defendant. Error to the Superior Court of_ Cook county; the Hon. Hugo Pam, Judge, presiding-. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Miller, Starr, Brown, Packard & Peckham, for plaintiff in error; Thomas McCall, of counsel.
    Zimmerman, Mack & Garrett, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Morris Lande and Eli Lande, appellees, v. Morris Wolf et al., appellants.
    Gen. No. 25,378.
    Suit to enjoin defendants from carrying on a business competing with complainants. Decree against one defendant only. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed January 26, 1920.
    Rehearing denied February 9, 1920.
    George Remus, for appellants.
    Bernard J. Brown, for appellees.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. William E. McGovern, impleaded, plaintiff in error.
    Gen. No. 25,385.
    Prosecution for illegally voting at general election. Judgment of guilty. Error to the Criminal Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed January 26, 1920.
    Stedman, Soelke & Johnson, for plaintiff in error.
    Maclay Hoyne, Edward E. Wilson and John Prystalslci, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. William E. McGovern, impleaded, plaintiff in error.
    Gen. No. 25,386.
    Prosecution for illegally voting at primary election. Judgment of. guilty. Error to the Criminal Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed January 26, 1920.
    Stedman, Soelke & Johnson, for plaintiff in error.
    Maclay Hoyne, Edward E. Wilson and John Prystalski, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Joseph J. O’Connor, appellee, v. John Schatanus, appellant.
    Gen. No. 25,397.
    Action to recover attorney’s fee. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. Harry C. Stuttle, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Vincent D. Wyman, Harry C. Kinne and Charles E. Carpenter, for appellant.
    Peden, Kahn & Murphy, for appellee; James, G. Skinner, Esq., of counsel,
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Genevive Majeri, appellee, v. Chicago Flat Janitors’ Union Local 14332, appellant.
    Gen. No. 25,416.
    Failure of abstract of record to comply with Appellate Court Buie 18. 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 January 26, 1920.
    Cruice & Langille, for appellant; Daniel L. Cruiee, of counsel.
    No appearance for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Frank McErlane and Otto Christensen, plaintiffs in error.
    Gen. No. 25,453.
    Prosecution for conspiracy to effect a jail delivery. Judgment of guilty. Error to the Criminal Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    . Charles C. Williams and Samuel B. Babinoff, for plaintiffs in error; Thomas E. Swanson, of counsel.
    Maelay Hoyne, Edward E. Wilson and James C. O’Brien, for defendant in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Kate Smolinska, appellee, v. Stanley Renkowski, appellant.
    Gen. No. 25,474.
    Bastardy proceeding. Judgment of guilty. Appeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, •presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed January 26, 1920.
    John J. Poulton, Thomas A. Green and Boy C. Merrick, for appellant.
    Maelay Hoyne, Edward E. Wilson and John F. Cashen, Jr., for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    F. L. McLaughlin, trading as Northern Wood Fuel Company, appellee, v. S. Marcinkiewicz, trading as S. & M. Coal Company, appellant.
    Gen. No. 25,484.
    Action for the value of wood delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry C. Moran, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed January 26, 1920.
    Rehearing denied February 9, 1920.
    Timothy J. Fell, for appellant; F. O. Floberg, of counsel.
    Henry M. Hagan, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    John E. Erickson, administrator of the estate of Charles Nelson, deceased, appellant, v. Michael Reddy, appellee.
    Gen. No. 24,708.
    Action to recover for conversion of money. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Charles H. Goodnow, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded.
    Opinion filed January 28, 1920.
    David J. Bentail, for appellant; Mather & Hutson, of counsel.
    No appearance for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Isabella Bird, appellant, v. City of Chicago, appellee.
    Gen. No. 24,743.
    Action to recover for personal injury resulting from obstruction on sidewalk. Judgment for defendant. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed January 28, 1920.
    Israel Cowen, for appellant.
    Samuel A. Ettelson and William H. Devenish, for appellee; Robert H. Farrell, of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.-


text:
    George B. Dygert for use of Mary L. Freeman, individually and as executrix under the last will and testament of Henry V. Freeman, deceased, appellant, v. Sherman C. Spitzer, appellee.
    Gen. No. 24,772.
    Garnishment proceeding. Order discharging garnishee. Appeal from the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded.
    Opinion filed January 28, 1920.
    Charles F. McElroy, for appellant.
    Francis Stanley Rickcords, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Continental Trust & Savings Bank, trustee in bankruptcy of Isaac Hirschberg and Harry H. Hirschberg, copartners, appellee, v. Joseph C. Schwartz et al., trading as Schwartz Brothers, appellants.
    Gen. No. 24,542.
    Action to recover the value of goods sold by bankrupts with intent to defraud creditors. Judgment for plaintiff. Appeal from the Circuit 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 January 28, 1920.
    Benjamin C. Bachrach, for appellants.
    Moses, Rosenthal & Kennedy, for appellee; Julius Moses and Henry Jackson Darby, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    James F. Bishop, administrator of the estate of Edward Jacob Mackenroth, deceased, appellant, v. Chicago & Western Indiana Railroad Company and City of Chicago, appellees.
    Gen. No. 24,622.
    Action to recover for wrongful death from contact with electric wire. Judgment on demurrer as to one defendant, and of dismissal as to the other. Appeal from the Circuit Court of Cook county; t.he Hon. Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed in part, reversed in part and remanded.
    Opinion filed January 28, 1920.
    Rathje, Wesemann & Van Sehaiek, for appellant.
    C. G. Austin, Jr., J. Raymond Barse, Samuel A. Ettelson and William H. Devenish, for appellees; Robert H. Farrell, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Charles C. Renshaw, appellee, v. F. Nunemaker, appellant.
    Gen. No. 24,629.
    Action to recover damages to personal property by escaping steam. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Osear E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed January 28, 1920.
    Morton J. Stevenson, for appellant.
    Defrees, Buckingham & Eaton, for appellee; Don Kenneth Jones, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Thomas Beamish and Simon Gorman, trading as Beamish & Gorman, appellees, v. E. D. Kimball & Company, appellant.
    Gen. No. 24,628.
    Action to recover damages for conspiracy of defendant to prevent plaintiffs from obtaining supplies for use in their' business. Judgment for plaintiffs. Appeal from the Circuit 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 January 28, 1920.
    Thomson, P. J., specially concurring.
    Northup, Eairbank & Klein, for appellant.
    M. D. Dolan and Freeman K. Blake, for appellees.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Henry Meinshausen, appellant, v. Kaestner & Company, appellee.
    Gen. No. 24,678.
    Action to recover for services rendered in procuring building contract. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Martin M. Gridley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded.
    Opinion filed January 28, 1920.
    Alexander H. Heyman, for appellant.
    Mayer, Meyer, Austrian & Platt, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Abe Cohn, appellee, v. National Dress Manufacturing Company, appellant.
    Gen. No. 24,774.
    Action to recover balance due as commission under sales contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John K. Prindiville, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed January 28, 1920.
    Rehearing denied February 13, 1920.
    Jacob Levy and Josiah Burnham, for appellant.
    Eisendrath & Solomon, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Presiding Justice Matchett

text:
    Frank H. Stephens, appellant, v. Milton A. Adams, appellee.
    Gen. No. 24,948.
    Action to recover rent. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed January 30, 1920.
    Fred S. Loomis, for appellant.
    Harry Hamill, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Austin J. Gibbons, plaintiff in error, v. Chicago Railways Company, defendant in error.
    Gen. No. 25,262.
    Error to the Circuit Court of Cook county; the Hon. Richard. S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed on striking bill of exceptions.
    Opinion filed January 30, 1920.
    Pollock & Rainey, for plaintiff in error.
    John R. Guilliams, for defendant in error.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    George Karg, appellee, v. Chicago Railways Company et al., appellants.
    Gen. No. 24,864.
    Action to recover for personal injuries to guest.in automobile in collision with street ear. 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 January 30, 1920.
    Robert J. Slater and Frank L. Kriete, for appellants; W. W. Gurley and J. R. Guilliams, of counsel.
    Royal W. Irwin, John G. Carter and Kenneth B. Hawkins, for appellee; Kenneth B. Hawkins, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    J. G. Sanderow, defendant in error, v. Marmon Chicago Company, plaintiff in error.
    Gen. No. 24,878.
    Action on account stated. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed.
    Opinion filed January 30, 1920.
    William A. Jennings, for plaintiff in error.
    Pritzker & Pritzker, for defendant in error; Nicholas J. Pritzker, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    West Disinfecting Company, defendant in error, v. Jacob L. Brenn, plaintiff in error.
    Gen. No. 24,954.
    Error to the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed on authority of West Disinfecting Co. v. Koppelman, ante, p. 438.
    Opinion filed January 30, 1920.
    Rehearing denied February 10, 1920.
    West & Eckhart, for plaintiff in error.
    Rosenthal, Hamill & Wormser, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    West Disinfecting Company, defendant in error, v. Arthur C. Tretow, plaintiff in error.
    Gen. No. 24,955.
    Error to the Circuit Court of Cook county; the Hon. Kickham Scanlan. Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed on authority of West Disinfecting Co. v. Koppelman, ante, p. 438.
    Opinion filed January 30, 1920.
    Rehearing denied February 10, 1920.
    West & Eckhart, for plaintiff in error.
    Rosenthal, Hamill & Wormser, for‘defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    West Disinfecting Company, defendant in error, v. Lillian Koppelman, plaintiff in error.
    Gen. No. 24,956.
    Error to the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
    Affirmed on authority of West Disinfecting Co. v. Koppelman, ante, p. 438.
    Opinion filed January 30, 1920.
    Rehearing denied February 10, 1920.
    West & Eclchart, for plaintiff in error.
    Rosenthal, Hamill & Wormser, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    West Disinfecting Company, defendant in error, v. United States Sanitary Products Corporation, plaintiff in error.
    Gen. No. 24,957.
    Error to the Circuit Court of Cook county; the Hon. Kick-ham Scanlan, Judge, presiding. Heard in the Branch Appellate Court' at the March term, 1919.
    Affirmed on authority of West Disinfecting, Co. v. Koppelman, ante, p. 438.
    Opinion filed January 30, 1920.
    Rehearing denied February 10, 1920.
    West & Eekhart, for plaintiff in error.
    Rosenthal, Hamill &. Wormser, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Joseph A. Cottam, appellee, v. National Mutual Church Insurance Company, appellant.
    Gen. No. 24,677.
    Action to recover on fire insurance policy. 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.
    Affirmed.
    Opinion filed February 11, 1920.
    N. M. Jones, for appellant.
    Herbert E. Bradley, for appellee; Arthur W. Kilpatrick, of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Northern Coal Company, appellee, v. Waushara Granite Company, appellant.
    Gen. No. 24,724.
    Action to recover on account stated. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Courtney, Judge, presiding.- Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    George V. McIntyre, for appellant.
    Henry M. Hagan, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Barrett Manufacturing Company, appellee, v. City of Chicago et al. In re intervening petition of Frank M. Forrey, appellant.
    Gen. No. 24,786.
    Suit to establish • materialman’s lien. Decree for complainant. Appeal from the Circuit Court of Cook county;, the Hon. Frederick A. Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    Daniel A. Levy, for appellant; Oliver B. Opsahl, of counsel.
    Edwin H. Cassels and Joseph B. Fleming, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    In the matter of Georgia W. Connors, appellant. Arrested on suit of H. Leonard Jacobs, appellee.
    Gen. No. 24,833.
    Imprisonment under writ of capias ad satisfaciendum. Refusal to discharge from imprisonment. Appeal from the County Court of Cook county; the Hon. John H. Williams, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded with directions.
    Opinion filed February 11, 1920.
    Charles P. R. Macaulay, for appellant.
    Pollock, Rainey & Livingston, for appellee; Arthur Manning, of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Daniel M. Healy and Charles L. Caswell, appellees, v. Kate Novak and John Novak, appellants.
    Gen. No. 24,850.
    Forcible detainer proceedings. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. John R. Caverly, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    K. B. Czarneeki, for appellants.
    Litsinger, Healy & Reid, for appellees.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    A. G. Dicus, plaintiff in error, v. William Slavik and John Ruzicka, defendants in error.
    Gen. No. 24,933.
    Suit to remove cloud from title to real estate. Decree for complainant. Error to the Circuit Court of Cook county; the Hon. .Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Decree modified and affirmed.
    Opinion filed February 11, 1920.
    A. G. Dicus pro se.

    William J. Stapleton and Kaplan & Kaplan, for defendants in error.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Gustave E. Schmidt, appellee, v. Nestor Johnson Manufacturing Company, appellant.
    Gen. No. 24,637.
    Action to recover balance of alleged bonus due employee. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry C. Moran, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    Zane, Morse & McKinney, for appellant.
    Moses, Rosenthal & Kennedy, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Hattie J. Church, administratrix of the estate of William Henry Breidenthal, deceased, appellee, v. Mandel Brothers, appellant.
    Gen. No. 24,649.
    Action to recover for wrongful death by being struck by truck. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    Albert S. Louer and John A. Bloomingston, for appellant; John A. Bloomingston, of counsel.
    Defrees, Buckingham & Eaton and Jarvis A. Blume, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Willis J. Rayburn, appellant, v. Sam A. Mendelsohn, appellee.
    Gen. No. 24,658.
    Action to recover for services rendered in negotiating lease. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Wells Ml. Cook, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    George B. Cohen, for appellant; F. O. Floberg, of counsel.
    James M. Slattery, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Templeton Lime Company, appellant, v. Charles L. W. Bartling et al., appellees.
    Gen. No. 24,667.
    Suit to enforce mechanic’s lien. Decree dismissing bill for want of equity. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Reversed and remanded with directions.
    Opinion filed February 11, 1920.
    J. S. Dudley and Neis Hr Olson, for appellant.
    Rosenthal, Kurz & Houlihan, for appellees; Edward R. Tiedebohl, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    In re estate of Hada Hoag, deceased. Jane R. Hoag and Florence L. Nelson, appellants, v. Charles B. Hoag and Emil J. Hoag, appellees.
    Gen. No. 24,798.
    Claims against decedent’s estate. Order of allowance and motion to set aside order. Appeal from the Circuit Court of Cook county; the Hon. J. C. Eagleton, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    W. P. Quinby, for appellants.
    George W. Brown, for appellees.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    The Flanagan & Biedenweg Company, appellee, v. Henry W. McGuire and Edward Hudson, appellants.
    Gen. No. 24,835.
    Action to recover contract price for manufacture and erection .of stained glass window. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. Wells M. Cook, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.
    Affirmed.
    Opinion filed February 11, 1920.
    Rehearing denied February 25, 1920.
    Elbridge Hanecy and William A. Rogan, for appellants.
    William J. Stapleton, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    The Ceska Rimska Katolicka Ustredni Jednota Zen Ve Spojenych Statech Americkych (corporation), v. Jan Perkaus, appellant. William Hubka, appellee.
    Gen. No. 24,686.
    Action to recover on death benefit certificate, on interpleader by fraternal benefit society. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.
    Affirmed.
    Opinion filed February 18, 1920.
    Q. J. Chott, for appellant.
    Howard M. Harpel, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


author: Mr. Presiding Justice Boggs

text:
    Fourth District.
    R W. McKinney, trading as Paducah Vinegar Works, appellee, v. Midwest Products Company, appellant.
    Action to recover damages for breach of contract of sale of personalty, Judgment for plaintiff. Appeal from the Circuit Court of Marion county; the Hon. William B. Wright, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 25, 1920.
    E. B. Vandervort,. Lawrence A. dwell and L. B. Skipper, for appellant.
    Noleman & Smith and Robert E. Wright, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Monroe Brann, appellee, v. New Enterprise Coal Company, appellant.
    Action to recover damages to tractor engine. Judgment for plaintiff. Appeal from the Circuit Court of Williamson county; the Hon. Benjamin W. Pope, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Denison & Spiller, for appellant.
    Neely, Gallimore & Cook, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    The People of the State of Illinois, appellee, v. Roscoe Stipp, appellant.
    Bastardy proceeding. Judgment of guilty. Appeal from the County Court of Marion county; the Hon. W. G. Wilson, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 25, 1920.
    E. B. Vandervort, for appellant.
    S. N. Finn, for appellee.
   Mr. Presiding Justice Boggs

-delivered the opinion of the court.


text:
    Josephine Merkle, appellee, v. Joseph Merkle, appellant.
    Suit for separate maintenance. Decree for complainant. Appeal from the City Court of Alton; the Hon. Levi D. Yager, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded with directions.
    Opinion filed March 25, 1920.
    James E. Dunnegan, for appellant.
    Charles C. Ellison, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Cabirange Manufacturing Company, appellee, v. Augusta Willard, executrix, appellant.
    • Action to recover damages for breach of contract to manufacture certain articles for plaintiff. Judgment for plaintiff. Appeal from the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 25, 1920.
    Case & Lee, P. C. Otwell and Schaefer & Kruger, for appellant.
    Barthel, Farmer & Klingel, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Henry Fitzgerald, appellee, v. W. H. Neville and J. L. Neville, appellants.
    Action to recover balance due under building contract. Judgment for plaintiff. Appeal from the Circuit Court of Massac county; the Hon. D. T. Hartwell, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    W. L. Krone, for appellants.
    Fred R. Young, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Ferdinand Brentz, appellee, v. Naum Evangeloff, appellant.
    Action to recover damages for alienation of wife’s affections. Judgment for plaintiff. Appeal from the City Court of Granite City; the Hon. M. B. Sullivan, Judge,, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Harold J. Bandy, for appellant. Harry Faulkner, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


author: Mr. Justice Eagleton

text:
    The People of the State of Illinois, defendant in error, v. William Arms, alias Whiskey Bill, plaintiff in error.
    Prosecution for selling intoxicating liquor in anti-saloon territory. Judgment of guilty. Error to the County Court of Franklin county; th? Hon. Thomas J. Myers, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 25, 1920.
    B. E. Smith and W. C. Choisser, for plaintiff in error.
    Boy C. Martin and H. E. Morgan, for defendant in error.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    Maggie M. Becker, appellee, v. John L. Becker, appellant.
    Action of trover and commission. Judgment for plaintiff. Appeal from the Circuit Court of Fayette county; the Hon. C. R. Torrence, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Brown & Burnside and LeForgee, Black & Samuels, for appellant.
    Albert & Albert, for appellee.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    Herby Worthy, appellee, v. Christian H. Birk et al., appellants.
    Action to recover damages for opening the grave of plaintiff’s wife and mutilating her body. Judgment for plaintiff. Appeal 'from the Circuit Court of Jasper county; the Hon. Harry C. Stuttle, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 25, 1920.
    Albert E. Isley, for appellants.
    Davidson & Fithian and Andrews & Real, for appellee.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    Matilda Wenger, appellee, v. George Idoux, appellant.
    Action to recover damages for personal injuries and for injury to vehicle in collision with automobile. Judgment for plaintiff. Appeal from the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Edward C. Zulley, for appellant.
    Preston K. Johnson, for appellee.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    M. H. Boals Planing Mill Company, appellee, v. Cleveland, Cincinnati, Chicago & St. Louis Railroad Company, appellant.
    Action to recover damages for planing mill destroyed by fire communicated by railroad locomotive. Judgment for plaintiff. Appeal from the Circuit Court of Madison county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 25, 1920.
    D. E. Keefe and S. W. Baxter, for appellant; L. J. Hackney and F. L. Littleton, of counsel.
    D. G. Williamson and N. L. Ryder, for appellee.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    Illio Siminoff, appellee, v. Nick Alabach, appellant.
    Action to recover for money loaned. Judgment for plaintiff. Appeal from the Circuit Court of Madison county; the Hon. Louis Bernreuter, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 25, 1920.
    J. B. Harris, for appellant.
    M. R. Sullivan, for appellee.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    J. E. Payne, appellant, v. Pearl Payne, appellee.
    Distress proceedings for recovery of rent. Judgment for defendant. Appeal from the Circuit Court of Clay county; the Hon. Harry O. Stuttle, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    A. N. Tolliver, for appellant.
    James H. Smith, for appellee.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    Mabel M. Link, administratrix of the estate of George L. Link, deceased, appellee, v. Alton, Granite City & St. Louis Traction Company, appellant.
    Action to recover for wrongful death in collision of trolley car with buggy in which decedent was riding. Judgment for plaintiff. Appeal from the Circuit Court of Madison county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of fact.
    Opinion filed March 25, 1920.
    Burroughs & Ryder, for appellant.
    Geers & Geers, for appellee.
   Mr. Justice Eagleton

delivered the opinion of the court.


author: Mr. Justice Higbee

text:
    The People of the State of Illinois, defendant in error, v. Joe Kuca, plaintiff in error.
    Prosecution for selling intoxicating liquor in anti-saloon territory. Judgment of guilty. Error to the County Court of Franklin county; the Hon. Thomas J. Myers, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    W. C. Choisser and R. E. Smith, for plaintiff in error.
    Roy C. Martin and H. E. Morgan, for defendant in error.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. John B. Harris, plaintiff in error.
    Prosecution for criminal conspiracy to induce witness to absent herself from jurisdiction of court. Judgment of guilty. Error to the Circuit Court of Madison county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 25, 1920.
    D. E. Keefe, for plaintiff in error; John B. Harris, pro se, of counsel.
    Joseph P. Streuber and William M. P. Smith, for defendant in error.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    J. A. Drew, appellee, v. J. A. Ritter, appellant.
    Action of forcible detainer. Judgment for plaintiff. Appeal from the Circuit Court of Richland county; the Hon. J. C. Kern, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded.
    Opinion filed March 25, 1920.
    Boggs, P. J., dissenting.
    H. G. Morris, for appellant.
    Gee & Gee and Reed & Fritchey, for appellee.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    William M. Craig, administrator of the estate of M. M. Craig, deceased, appellant, v. W. H. Leach et al., appellees.
    Suit to foreclose real estate mortgage. Decree dismissing bill. Appeal from the Circuit Court of Fayette county; the Hon. William B. Wright, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Brown & Burnside, for appellant.
    Albert & Albert, for appellees.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    Hugo Chambliss, appellee, v. Marquette Life Insurance Company, appellant.
    Action to recover on life insurance policy. Judgment for plaintiff. Appeal from the Circuit Court of Pulaski county; the Hon. William N. Butler, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Prank L. Trutter and Wall & Martin, for appellant.
    Charles L. Rice and C. S. Miller, for appellee.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    William Johnson, appellee, v. Oscar W. Weeks, appellant.
    Action to recover, for personal injuries by being struck by towed automobile. Judgment for plaintiff. Appeal from the Circuit Court of St. Clair county; the Hon.-J. P. Gillham, Judge, presiding. Heard in this court at. the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Kramer, Kramer & Campbell, for appellant.
    C. E. Pope, for appellee.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    E. A. Keller Company, appellee, v. Arthur U. Barco, appellant.
    Action to recover damages for fraud and deceit in sale of automobile. Judgment for plaintiff. Appeal from the Circuit Court of Madison county; the Hon,. J. P. Gillham, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    Eaton, Hiles & Simpson and Newell & Brown, for appellant.
    Geers & Geers, for appellee.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    C. Henry Foreman, appellee, v. Herrin & Southern Railroad Company and Chicago, Burlington & Quincy Railroad Company, appellants.
    Action to recover damages for loss of property by fire communicated by railroad locomotive. .Judgment for plaintiff. Appeal from the Circuit Court of Massac county; the Hon. D. T. Hartwell, Judge, presiding. Heard in this court at the’ October term, 1919.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 25, 1920.
    Courtney, Helm & Helm, for appellants; J. A. Connell, of counsel.
    H. A. Evans, for appellee.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    Bettie Wolf, appellee, v. Pete Rankel et al., appellants.
    Action to recover damages for loss’ of support because of sale of intoxicating liquor to plaintiff’s i,.husband. Judgment for plaintiff. Appeal from the Circuit Court of Franklin county; the Hon. Charles H. Miller, Judge, presiding. Heard in this court at the October term, 1919.
    Affirmed.
    Opinion filed March 25, 1920.
    J. A. Logan and W. P. Seeber, for appellants.
    R. E. Smith and N. I. Glenn, for appellee.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    Henry C. Bass, appellee, v. Malachi W. Michaels, appellant.
    ■Action to recover damages for criminal conversation with plaintiff’s wife, and alienation of her affections. Judgment for plaintiff. Appeal from the Circuit Court of Marion county; the Hon. William B. Wright, Judge, presiding. Heard in this court at the October term, 1939.
    Affirmed.
    Opinion filed March 25, 1920.
    ISToleman & Smith and Wilson & Couehman, for appellant.
    Kagy & Vandervort and George W. Smith, for appellee.
   Mr. Justice Higbee

delivered the opinion of the court.


text:
    Joe Catello, appellee, v. Chicago, Burlington & Quincy Railroad Company, appellant.
    Action to recover damages resulting from erection of coal chute near plaintiff’s premises. Judgment for plaintiff. Appeal from the Circuit Court of Franklin county; the Hon. J. C. Eagleton, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed with finding of fact.
    Opinion filed April 10, 1920.
    Eagleton, J., took no part in the consideration or decision of this case.
    Hart & Hart, for appellant.
    Robert E. Hickman and Layman & Johnson, for appellee.
   Mr. Presiding Justice Boggs

delivered the opinion of the court.


text:
    Mary E. Charless, plaintiff in error, v. C. W. Terry et al., defendants in error.
    Suit to foreclose real estate mortgage and for accounting. Decree for complainant in part and for respondents in part. Error to the Circuit Court of Madison county; the Hon. J. F. Gillham, Judge, presiding. Heard in this court at the March term, 1920.
    Reversed and remanded with directions.
    Opinion filed April 10, 1920.
    J. V. E. Marsh and Springer & Buckley, for plaintiff in error.
    C. E. Gueltig, for defendant in error G. W. Terry. D. H. Mudge, for defendant in error C. H. Burton.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    Louis F. Busekrus and Anna Busekrus, defendants in error, v. Consolidated Oil Refining Company and A. Swaton, plaintiffs in error.
    Suit to enjoin nuisance consisting of oil plant near plaintiffs’ residence. Decree for complainants. Error to the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed.
    Opinion filed April 10, 1920.
    Higbee, J., dissenting.
    Thomas L. Fekete, Jr., Thomas B. Harlan and Kramer, Kramer & Campbell, for plaintiffs in error.
    Dan McGlynn, for defendants in error.
   Mr. Justice Eagleton

delivered the opinion of the court.


text:
    Alfred Stephens et al., Commissioners of Highways, Appellees, v. Chicago, Burlington & Quincy Railroad Company et al., Appellants.
    1. Roads and bridges, § 185

      ;—power to compel removal of overhead, obstruction. Section 58 of chapter 111a of the Revised Statutes [Call. 1920 Stat. If 8686(73)], as to the control of crossings by the Public Utilities Commission, applies to overhead crossings to some extent, but such section does not repeal the statute giving highway commissioners control of highways, and such commis- • sioners may apply for a mandatory injunction to remove an obstruction from the highway at an overhead crossing.
    2. Statutes, § 152*—repeals by implication not favored. Repeals of statutes by implication are not favored, and the intention to repeal will not be presumed unless the inconsistency between two statutes is such that both cannot remain in force.
    3. Roads and bridges, § 185*—power of highway commissioners to compel removal of overhead obstruction. Highway commissioners may apply for a mandatory injunction to compel the removal of an obstruction from a highway at an overhead crossing, regardless of the question whether the Public Utilities Commission has control of the crossing.

      4. Roads and bridges; § 193

      —modification of decree for removal of overhead obstruction. A decree ordering the removal of three rows of posts supporting an overhead railroad bridge, within 60 days, will be modified so as to compel the removal of the center row of posts in 6 months, when it appears that a highway 38.5 feet in width is thus provided and that such highway is ample for the demands of the public.
    Appeal from the Circuit Court of Williamson county; the Hon. D. T. Hartwell, Judge, presiding. Heard in this court at the October term, 1919.
    Reversed and remanded with directions.
    Opinion filed March 25, 1920.
    J. A. Connell and W. O. Potter, for appellants.
    Hosea V. Ferrell and Ed M. Spiller, for appellees.

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

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

   Mr. Justice Higbee

delivered the opinion of the court.

This was a bill for a mandatory injunction brought by appellees as commissioners of the Town of West Marion of Williamson county, Illinois, against the appellants, Chicago, Burlington & Quincy Railroad Company and Herrin & Southern Railroad Company, in the circuit court of Williamson county. In their bill appellees set forth the existence of a public highway about 50 feet in width crossed by an overhead bridge of appellants at a point about two and one-fourth miles west of the City of Marion in Williamson county; and that appellants, for the purpose of supporting their overhead bridge upon which their railroad passes, have placed in the highway three rows of posts, one row in the center of the highway and an outer row on each side of and parallel with the center row and about 18 feet from it. The bill further charges that these posts obstruct, the highway and prays that appellants be ordered to remove them from the highway, and be enjoined and restrained from .thereafter maintaining them in the highway. After a hearing a decree was rendered ordering the removal of the three rows of posts within 60 days from the date of the decree, and enjoining appellants from ther’eafter maintaining them". From such decree this appeal has been perfected, the appellants contending that the decree is erroneous because appellees were without authority to bring this action and because it is too broad.

They take the position that by section 58 of chapter 111a of the Revised Statutes [Call. 1920 Stat. 8686(73)], the Public Utilities Commission is given full and exclusive jurisdiction over and control of all crossings of public highways by railroads, and that the highway commissioners are thereby excluded from all jurisdiction over or control of such crossings; that such commissioners have now no authority to apply to a court of equity for a/mandatory injunction to remove an obstruction from the highway at an overhead crossing, but that the only right they have in such cases is to call the attention of the Public Utilities Commission to the matter. Counsel for appellants state in their argument: “We concede that prior to the passage of the Public Utilities Commission Act, the complainants might have filed a bill alleging that the defendants had ‘unnecessarily’ impaired the usefulness of this highway, but we contend that since then the highway commissioners have no power in the premises, except to call the attention of the Public Utilities Commission to the matter.” It is not contended that section 58 of chapter 111a, Rev. St. [Call. 1920 Stat. [¶ 8686(73)] expressly repeals the statute giving highway commissioners control of the highways, but that such repeal follows by necessary implication. Appellees maintain that section 58 applies only to grade crossings and not to overhead crossings. We are of the opinion that the section in question does, to some extent at least, apply to overhead crossings, as paragraph 3 of the section in part reads as follows: “The commission shall also have power by its order to require the reconstruction. alteration, relocation or improvement of any crossing (including the necessary highway approaches thereto) of any railroad across any highway or public road, whether such crossing be at grade or by overhead structure or by subway.” We do not, however, agree to the contention that said section necessarily repeals the statute giving highway commissioners control of the highways, to the extent that they cannot maintain an action such as this. The rule is well established that “Repeals by implication are never favored. The intention to so repeal will not be presumed nor the effect of the repeal be admitted, unless the inconsistency is unavoidable.” (Krome v. Halbert, 263 Ill. 172.) “Both statutes remain in force, unless they are so repugnant that they cannot operate together.” (Hoyne v. Danisch, 264 Ill. 467; Galpin v. City of Chicago, 249 Ill. 554; Chicago, B. & Q. R. Co. v. Doyle, 258 Ill. 624.) It does not appear to us that a statute giving the Public Utilities Commission power “by its order to require the reconstruction, alteration, relocation or improvement of any crossing,” etc., is so repugnant to a statute giving highway commissioners control over the highway at such crossing that both cannot operate together.

But regardless of that question, there is no doubt that before the passage of the Public Utilities Act the highway commissioners had the authority to remove obstructions from highways. They not only had such authority, but it was their duty to do so, and they could be compelled by mandamus to perform that duty. (Brokaw v. Commissioners of Highways, 130 Ill. 482.) Yet under a statute giving commissioners control of the highways and mailing it their mandatory duty to remove obstructions therefrom, courts of equity often interposed by injunction to prevent such obstructions. “That courts of equity, will interpose by injunction to prevent the obstruction of a public highway where the right is clear and appertains to the public or where an individual is injuriously and directly affected by the obstruction in a different manner and degree from the public a.t large, has been held many times by this court.” (Fors v. Anderson, 270 Ill. 45, citing many Illinois cases.) The right to invoke the aid of a court of equity by a mandatory injunction, under the statute giving the highway commissioners control of the highways and making it their duty to remove obstructions, is not by these authorities in any way made dependent upon whether or not the party seeking such relief had first applied to the highway commissioners. So it seems to us in this case, that even conceding the statute has taken the control of such crossings from the highway commissioners and placed it with the Public Utilities Commission, yet that fact does not prevent any one interested, whether private citizen or public official, from invoking the aid of a court of equity to remove by mandatory injunction an obstruction, without first applying to the Public Utilities Commission for relief. There would be as much or more reason and justice in requiring under the former statute that application must have first been made to the highway commissioners, as to require under the present statute that application must first be made to the Public Utilities Commission. In the case of Green v. Oakes, 17 Ill. 249, the Supreme Court in discussing the right of a private citizen to maintain such an action under the former statute said: “In such case, equity can give complete remedy—prevent irreparable mischief, and that continuous and vexatious litigation that would arise out of resort to the remedies afforded at law. * * * The remedy by injunction is perfect, and while it protects one from the injury, all are alike benefited without the expense, delay and multiplicity of actions incident to redress at common law.” We therefore conclude that appellees were entitled to bring this action regardless of the question whether the Public Utilities Commission has, under the statute, control of the crossing in question to the exclusion of the highway commissioners. We are of the opinion, however, that the relief granted is too broad and the time fixed by the decree for compliance therewith too short.

The evidence shows that it is 19.5 feet' from the center row of posts to the row on the north side of the traveled portion of the road, and 19 feet from the center row to the row on the south side of the traveled track. So that if the center row of posts were removed, there would be 38.5 feet of clear space iii the traveled portion of the road. Even if this were a grade crossing the railroad would not, under the statute requiring it to place the road in as good condition as it was before, be compelled to make the approaches as wide as the highway itself. The railroad in such case is only required to make its crossings and approaches of such width as is reasonable in the particular case. (City of Bloomington v. Illinois Cent. R. Co., 154 Ill. 539; Sample v. Chicago, B. & Q. R. Co., 233 Ill. 564.) In this case it seems to us that a clear space of 38.5 feet is reasonable and ample to meet all demands of the public as shown by the evidence. The proof further shows that appellants run heavy trains over their road and that to require the removal of all three rows of posts and to substitute a span of strength to carry such trains and of sufficient length to clear the whole street is to place an unnecessary hardship upon appellants. It is also evident that it will require some time to remove even the center row of posts and more time than 60 days should be granted by the decree.

The decree is therefore reversed and the cause remanded with directions to the trial court to enter a decree ordering and directing appellants to remove the center row or tier of posts now in the public highway within 6 months from the date of the decree, and to restore that portion of the public highway tó as good condition as it was in at the time the posts were placed there and perpetually enjoining and restraining appellants from thereafter maintaining said center row or tier of posts in said public highway.

Reversed and remanded with directions.


text:
    Armenaz Minasian, Appellee, v. Zeta M. Poff et al., on appeal of Delbert W. Poff, Appellant.
    Gen. No. 25,494.
    1. Automobiles and garages, § 2

      —liability of husband for negligence of wife. Where an automobile belonging to a husband was used by the wife for her pleasure, and she took such automobile out without the husband's knowledge and by her negligence in operating the car a person was injured, the husband was not liable, as the liability of the owner rested upon the relation of master and servant, and such liability was not established by the mere fact that the automobile was purchased for the pleasure of the family.
    2. Automobiles and garages, § 2*—liability of husband where car purchased for use of family. Under section 4 of chapter 68, of the' statute on Husband and Wife (J. & A. jf 6141), a husband is not liable for torts of a married woman except in those cases where he would be jointly responsible if the marriage did not exist; therefore a husband is not liable for negligence of his wife in operating his automobile, although it was purchased for the use of the family.
    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.

      Joseph E. Winterbotham, for appellant.
    Busch, Leesman & Roemer, for appellee; Max Borchardt, of counsel.

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

   Mr. Presiding Justice McSurely

delivered the opinion of the court.

This is an action on the case in which plaintiff alleged that on November 3, 1917, he was injured in a collision of two automobiles caused by the negligent operation by the defendants of one of the automobiles. Upon trial he had a verdict of $1,500 against both defendants, upon which judgment was rendered and defendant Delbert W. Poff has appealed.

By apt motions the court was asked to instruct the jury to find both defendants and each of them not guilty. These instructions were refused.

The defendants are husband and wife. The automobile belonged to the husband, a dentist. At the time of the accident he was in his office. Mrs. Poff testified that she drove the car whenever she wanted to; that it being a fine day she wished to take some friends riding and to visit a friend in Evanston, and took the car out of the garage without her husband’s knowledge. She was driving the car and in making the turn from Sheridan Road on to Hinman avenue in Evanston it collided with a Ford automobile in which plaintiff was riding. Evidence of the plaintiff tended to show that the cause of the collision was the negligent driving of Mrs. Poff. Under these circumstances can the husband, Delbert Poff, be held liable ? Appreciating the persuasive force of the argument on behalf of plaintiff, we are, however, constrained to follow the opinion of the Supreme Court in Arkin v. Page, 287 Ill. 420. It was there held under similar circumstances that liability of the owner rests upon the relation of master and servant and that this is not established by “the mere fact that the purpose for which the father purchased the machine was the pleasure of the family.” The proposition of the plaintiff here is stated substantially in the language of the opinion in the Arkin case, namely:

“That a father, by the furnishing of the means of amusement to his family, has made their amusement his business, so that each member of the family, in using for his own personal enjoyment, upon his own initiative, any of the means so furnished, though engaged exclusively in the pursuit of his own peculiar ends, without the direction, control, advice, consent or knowledge of any other person, is still engaged, as agent, in carrying on the business of another. ’ ’

The opinion characterizes this as “a refinement of reasoning” and declines to adopt it. We hold that the decision in this case is conclusively against the plaintiff’s right to recover against the defendant, Delbert Poff.

No distinction can be made in the application of this principle to the instant case from the fact that the automobile was driven by the wife and not a minor child. The relation between husband and wife under the present circumstances is not that of master and servant. Furthermore, in the statute on Husband and Wife, ch. 68, sec. 4 (J. & A. ¶ 6141), it is provided that for torts committed by a married woman, damages may be recovered from her alone and her husband shall not be responsible therefor, except in those cases where he would be jointly responsible if the marriage did not exist.

We hold that under the law applied to the facts before us, the husband is not liable and this judgment cannot stand; it must be reversed and the cause remanded.

Reversed and remanded.

Mr. Justices Holdom and Deveb concur.


text:
    P. Lazowski, Complainant, v. Harry A. Petimezas, Defendant. George Stathis, Intervening Petitioner, Appellant, v. T. G. Harvey, Receiver, et al., Appellees.
    Gen. No. 25,586.
    1. Partnership, § 187

      —how assets apportioned among firm and individual creditors. In general, partnership creditors are to be first paid out of the firm assets and individual creditors out of individual assets, although' an exception may arise where an equal or superior equity may be created in favor of a creditor of a member of a firm, as where the capital with which the firm did business was furnished by a creditor to one member of the firm.
    2. Partnership, § 208*—when loan not considered advance of capital. Where money was loaned to two persons constituting a partnership, one of whom afterwards withdrew and a new partner being admitted, the fact that the money borrowed was used for partnership purposes does not place the creditor in the favored position of one advancing capital .to the partnership.
    3. Partnership, § 269*—liability of new partner for pre-existing debts. A new member going into an existing partnership will not be liable for debts contracted by the firm previously thereto unless he expressly assumes them.
    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 filed March 8, 1920.
    Cermak & McClellan, for appellant.
    Harry C. O’Brien, for appellees; Dillard B. Baker and Harry C. O’Brien, of counsel.

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

   Mr. Presiding Justice McSurely

delivered the opinion of the court.

The complainant, Lazowski, filed her bill to dissolve the partnership then existing between her and Harry A. Petimezas, and asked for an accounting, a receiver and a distribution of the partnership assets among the partnership creditors. A receiver was appointed who sold the assets and reported the proceeds of sale, less expenses, for the further order of the court. George Stathis filed an intervening petition asking that his claim be allowed as prior to the creditors of the partnership. To this a general demurrer was filed and sustained and the petition dismissed for want of equity. Stathis has appealed and asks that this order be reversed.

The intervening petition alleged that on or about May 9, 1918, the said Petimezas and one George Xenakes were copartners engaged in operating a restaurant; that the partners purchased fixtures and equipment and borrowed from the petitioner certain sums of money aggregating $458.85, which were used by them in the purchase of said fixtures and equipment, and gave their notes for the sums advanced; that thereafter, in June, 1918, Xenakes withdrew from the copartnership and Petimezas continued to operate the restaurant alone until the following December, when he entered into the partnership arrangement with the complainant, Lazowski, as set forth in her bill of complaint, and they continued as partners to operate the restaurant until the appointment of the receiver; that the receiver took possession of the same fixtures and equipment which had been purchased by the partnership of Petimezas and Xenakes with the money of the petitioner, Stathis, and thereafter sold them under order of the court. Petitioner asked that upon an accounting he be decreed to be a creditor entitled to share in the proceeds of the sale prior and superior to the other creditors of the partnership of Lazowski and Petimezas.

As a general rule, partnership creditors are to be first paid out of the firm assets and individual creditors out of individual assets; this rule is, however, occasionally subject to an exception which may arise where an equal or superior equity may be created in favor of a creditor of a member of a firm, as where the capital with which the firm did business was furnished by a creditor to one member of the firm. Greene v. Casey, 86 Ill. App. 523; Hoffman v. Schoyer, 143 Ill. 598; Reeves, Stevens & Co. v. Ayers, 38 Ill. 418; Hurlbut v. Johnson, 74 Ill. 64.

We are of the opinion that the petitioner herein does not come within this exception. In the Hoffman case, supra, as in the Hurlbut case, supra, the parties claiming priority were, in fact, creditors of the partnership involved; while in the Reeves case, supra, the party claimed and was awarded priority by virtue of a mortgage.

It was long ago held that

“Where credit is originally given to one partner, the creditor cannot hold the partners liable, although they may receive the benefit of the transaction. The debt, being separate in its inception, does not become joint-by the subsequent application of the funds to the purposes of the partnership.” Watt v. Kirby, 15 Ill. 200.

To the same effect are Wittram v. Van Wormer, 44 Ill. 525; Funk v. Babbitt, 156 Ill. 408; Elkins v. McCaskill, 174 Ill. App. 563. A new partner going into an existing firm will not be liable for debts contracted by the firm previously thereto unless he expressly assumes them. Wright v. Brosseau, 73 Ill. 381.

Applying these rules, we hold that the petitioner, Stathis, has no rights as against creditors of the partnership of the firm of Lazowsld & Petimezas. When these parties became partners it was the creation of a new firm, and its assets are subject to the firm’s debts, no matter with whose money they were purchased, as long as there was no prior lien by sale, mortgage, or the like.

The order of the chancellor was correct and is affirmed.

Affirmed.

Mr. Justices Holdom and Dever concur.


text:
    Jake Less, Appellee, v. S. Alport, Appellant.
    Gen. No. 25,748.
    1. Contracts, § 251

      -—when sealed cannot be changed by parol. An original contract under seal and in writing cannot he altered, modified or changed by a subsequent agreement not under seal and not in writing.
    2; Monet, § 1*—what is currency. Currency has been defined as funds or money circulating in a business community without any discount, excluding the idea of depreciated paper money.
    3. Contracts, § 224*—when evidence admissible to explain subject-matter. In an action for breach of a contract whereby a defendant agreed to sell 30,000 “Russian Roubles Currency,” evidence that the contract referred to pre-war roubles of the Imperial Russian government and not to roubles issued subsequently by the Kerensky government, was proper.
    4. Contracts, § 298*-—when tender of performance insufficient. Under a contract for the sale of 30,000 “Russian Roubles Currency,” in denominations of 100 roubles, a tender of roubles issued by the Kerensky government was insufficient, as the evidence supported a finding that the contract referred to roubles of the Imperial Russian government.
    5. Damages, § 66*—what is measure for breach of contract for purchase of foreign money. In an action for breach of a contract whereby a defendant agreed to sell 30,000 “Russian Roubles Currency,” where there was a difference between the market price and the contract price of $3.50 per hundred roubles, such difference correctly represented the measure of damages for the breach.
    6. Trial, § 295*—when propositions of law to be submitted. Propositions of law must he submitted at the trial, and a submission 60 days after judgment has been entered is too late.
    Appeal from the Municipal Court of Chicago; the Hon. Howard W. Hates, 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.
    Rehearing denied March 22, 1920.
    Morris K. Levinson, for appellant.
    N. Rothblum, for appellee.

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

   Mr. Presiding Justice McSurely

delivered the opinion of the court.

Plaintiff, in an action alleging breach of contract, upon trial by the court had judgment for $1,650, which defendant seeks to have reversed.

The contract was dated December 28, 1917, and signed by both parties under their seals. .By it the defendant agreed to sell to plaintiff, who agreed to buy, 30,000 “Russian Roubles Currency” for $3,150. Plaintiff deposited $600 as part of the purchase price and agreed to, pay the balance upon delivery, which should be on or about June 1,1918, “in denominations of One Hundred Roubles.” If plaintiff did not accept on the date of delivery, the deposit was to be forfeited. Plaintiff asserted that on June 1, 1918, he tendered to the defendant the balance due under the contract but defendant failed to deliver the roubles at that time or any time since.

By an affidavit of merits defendant alleged that at the time said contract was entered into it was the intention of the parties to procure the Russian roubles in the Empire of Japan and for that purpose it was agreed that defendant should go to Japan and that these and “none other” were to be accepted by the plaintiff; that defendant went to Japan and purchased the roubles and on or about June 1, 1918, returned to this country, but was advised by the Federal Reserve Board at Washington, D. C., that an embargo had been placed upon the importation of said Russian roubles and defendant’s application to import the same was refused. The affidavit further alleged a tender to the plaintiff of roubles not purchased in Japan, which plaintiff refused to accept.

The court properly struck all of the affidavit of merits except the portion alleging a tender. The alleged additional agreement does not purport to be under seal or in writing or made at the same time as the sealed contract or allege any consideration for the new terms. It is also deficient in other respects. The original contract was a writing under seal and could not be altered, modified or changed by the alleged agreement. Yockey v. Marion, 269 Ill. 342; Alschuler v. Schiff, 164 Ill. 298.

Upon the issue of tender, defendant introduced evidence said to show a tender of roubles issued under the Kerensky government, or what is known as currency of the. Kerensky Issue of 1917. It is very doubtful as to whether defendant tendered Kerensky roubles. His own statement as to this is dubious and there is more reason to believe the testimony of plaintiff that what was tendered were Russian Liberty Bonds issued by the Kerensky government.

Plaintiff claimed that the contract called for roubles of the Imperial Russian government, or issues of the “pre-war” period and not Kerensky roubles. The court properly held with plaintiff for a number of sufficient reasons. It was proper to admit evidence that the words “Russian Roubles Currency” appearing in the contract meant “pre-war” roubles and not Kerensky roubles.

“The testimony of witnesses is admissible to explain riot only technical words of art or science, but words or phrases having a local meaning or a special meaning in a particular calling, trade, business or profession. Such evidence does not contradict or change the written instrument. The presumption is that such terms were used according to their understood meaning in the place or business with reference to which the contract is made, and evidence as to such meaning is the only method of ascertaining the intention of the parties in entering into the agreement.” Steidtmann v. Joseph Lay Co., 234 Ill. 88.

There was sufficient evidence to support plaintiff’s claim as to the meaning of the words “Russian Roubles Currency.” There was also sufficient evidence that roubles of the Kerensky issue are a depreciated currency and do not circulate in Chicago as currency. Currency has been defined as funds or money circulating in the business community without any discount, excluding the idea of depreciated paper money. Swift v. Whitney, 20 Ill. 144; Galena Ins. Co. v. Kupfer, 28 Ill. 332. The contract calls for roubles “in denominations of One Hundred Roubles. ’ ’ There was abundant evidence by competent witnesses that there were no such denominations in the Kerensky currency and none was produced upon the trial, while such denominations of the “pre-war” issue were introduced in evidence. Even defendant did not claim to have made the tender in denominations of 100 roubles but partly in twenties and forties. Consideration of the above points gives ample support to the finding of the court.

There was evidence that the market price of roubles at the date of delivery was $14 per hundred. The contract price was $10.50 per hundred, or a difference of $3.50 per hundred. This represents the measure of damages, which on 30,000 roubles would amount to $1,050; adding to this the amount of earnest money, $600, gives $1,650, for which judgment was entered. We hold that the damages were correctly assessed by the court.

Complaint is made of the ruling of the trial court on. propositions of law. Such propositions were submitted too late. They were not presented until more than 60 days after judgment had been entered. The statute contemplates that such propositions must be submitted upon the trial. Allman v. Lumsden, 159 Ill. 219.

We see no error in the record, and the judgment is affirmed.

Affirmed.

Mr. Justices IIoldom and Dever concur.