text:
    The Whitaker Paper Company, Plaintiff in Error, v. Galesburg Mail Company, Defendant in Error.
    Gen. No. 7,526.
    1. Appeal and ebror — overruling demurrer to plea immaterial. Overruling of demurrer to plea of set-off was immaterial where plaintiff filed only the common counts and there was also a plea of general issue under which defendant could show his set-off, there being a small judgment in favor of the plaintiff.
    2. Pleading — recoupment of damages under general issue. Where declaration consists of the common counts, the defendant under a general issue may recoup damages for failure of plaintiff to comply with the contract.
    3. Pleading — plea of payment and burden of proof. In action on the common counts, plea of payment placed burden on defendant of proving that amounts due under contract had been paid in whole or in part.
    4. Pleading — no judgment for defendant on plea of payment. Under plea of payment no judgment could be rendered against the plaintiff for any amount except for costs.
    Error by plaintiff to the Circuit Court of Knox county; the Hon. Willis F. Graham, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed November 25, 1925.
    Leo P. Baird, for plaintiff in error.
    Marsh, Rice, Lewis & Thompson, for defendant in error.
   Mr. Justice Partlow

delivered the opinion of the court.

Plaintiff in error, The Whitaker Paper Company, a corporation, began an action of assumpsit in the circuit court of Knox county against defendant in error, Galesburg Mail Company, a corporation, to recover $3,854.79, alleged to be due for roll newsprint paper. A jury was waived, upon a trial before the court, judgment was rendered against defendant in error for $140.75, and a writ of error was prosecuted from this court.

On December 9, 1919, the parties entered into a written contract, which provided that plaintiff in error was to sell and defendant in error was to buy 225 tons of roll news-print paper required to print the Evening Mail from January 1, 1920, to December 31, 1920, to be delivered in equal monthly instalments of about 181/2 tons, not cumulative, shipments to be made in carload lots. The contract, certain trade customs attached thereto and made a part thereof, together with a letter sent by plaintiff in error to defendant in error, made up the agreement between the parties.

The contract specified the kind and quality of the paper to be furnished. The price effective for the first six months was to apply on all shipments from January 1 to June 30, 1920. The price for the last six months was to be adjusted before June 30, 1920. The price was $5.50 per 100 pounds, actual weight, f. o. b. cars at mill. The paper was to be the product of J. B. Booth, but the seller reserved the right to furnish another standard grade of news-print. The terms were net cash thirty days from date of invoice. If the purchaser failed to pay any amount when due, or failed to make settlement as provided, the seller was, at its option, to cancel the contract, refuse to furnish any more paper and declare the obligation of the purchaser for all' paper furnished due forthwith, but the purchaser was to remain liable to the seller for all loss and damage sustained by such failure.

Plaintiff in error claims that default was made by defendant in error under the terms of the contract and suit was begun. The declaration consisted of the common counts with an affidavit of merit attached thereto, and later a bill of particulars was filed. The defendant in error filed the general issue, a plea of payment, and a plea of set-off, together with an affidavit of merits. Plaintiff in error filed replications to the general issue and to the plea of payment. On December 14,1922, defendant in error filed its amended plea of set-off and also amended the affidavit. The amended plea set out the contract, the letter and trade customs attached thereto, and alleged that in and by the contract it was agreed that plaintiff in error should furnish 225 tons, or 450,000 pounds of paper; that the plaintiff in error delivered only 347,131 pounds; that by reason of plaintiff in error’s failure to deliver the quantity of paper as provided in the contract, defendant in error was compelled to purchase in the market 102,869 pounds at its fair market value of $7 per 100 pounds at a loss of $4,290.40, which sum was due from the plaintiff in error to the defendant in error and exceeded the demand of the plaintiff in . error. Attached to the plea was an affidavit of merits which stated the facts substantially as set out in the plea. The plaintiff in error filed its motion to strike this affidavit from the files, and filed a general and special demurrer to the plea as amended. The motion to strike was denied, and the demurrer was overruled.

On April 6, 1923, defendant in- error filed an additional affidavit of merits, which made the first affidavit a part of the second, and in addition thereto specified the months in which deliveries were made, and the months in which defendant in error was compelled to go on the open market and buy paper at a higher price than that specified in the contract. The plaintiff in error moved to strike this additional affidavit from the files, which motion was overruled

The only error urged is that the court improperly overruled plaintiff in error’s demurrer to the amended plea of set-off. In support of this error it is insisted that the plea is defective because it does not allege that defendant in error ordered paper; does not allege that defendant in error furnished specifications for shipment in accordance with the contract; and does not allege performance, or its equivalent, on the part of defendant in error.

Even conceding that the amended plea of set-off was defective and that the court should have sustained the demurrer thereto, the plaintiff in error was not injured by the fact that the demurrer was improperly overruled. Plaintiff in error filed only the common counts. The general issne went to the whole of the declaration, and under it, if the evidence justified it, defendant in error could defeat the whole, or any part, of the claim of plaintiff in error. Where the declaration consists of the common counts, the defendant under the general issue may recoup damages for the failure of plaintiff to comply with the contract. Tully v. Excelsior Iron Works, 115 Ill. 544; Forbis v. Reeves & Co., 109 Ill. App. 98; Bauer v. Jerolman, 124 Ill. App. 151; Miers v. Fuller Co., 167 Ill. App. 49. If defendant in error, under the general issue, defeated all of plaintiff in error’s cause of action, no judgment could be rendered against plaintiff in error, under the general issue, except a judgment for costs. The two special pleas were based on the contract. The plea of payment placed the burden on defendant in error of proving that the amounts due under the contract had been paid by the defendant in error, in whole or in part, but in no event under this plea could judgment be rendered against the plaintiff in error for any amount except for costs. Under the plea of set-off, defendant in error, if the evidence justified it, could defeat all, or any part, of plaintiff in error’s cause of action, and, in addition thereto, defendant in error could recover a judgment against plaintiff in error for such damages, if any, as the evidence might show the defendant in error was entitled. Under the general issue and the plea of set-off the same evidence was admissible, the only difference between the two pleas being that, under the general issue, no judgment could be rendered against plaintiff in error, except for costs, while under the plea of set-off defendant in error could not only defeat all or any part of the cause of action of plaintiff in error which the evidence justified, but defendant in error could, if the evidence justified, recover a judgment against plaintiff in error for any damages, if any, which the evidence showed defendant in error might have sustained by reason of any breach of the contract. The case was not tried upon the plea of set-off, but was tried upon the general issue and the plea of payment, therefor the question of set-off was not involved in the case. No judgment was rendered against the plaintiff in error, but the judgment was in favor of the plaintiff in error. No error is assigned on any act of the court, except the ruling on the demurrer, therefore we must presume that the amount of the judgment was sustained by the evidence. If the same evidence was admissible under the general issue that was admissible under the plea of set-off, and there is no complaint as to the amount of the verdict, then no injury was done plaintiff in error which would justify a reversal of the judgment, even though the court erroneously overruled the demurrer to the plea of set-off. Sprague v. Barnett, 162 Ill. App. 48; Road District v. Coultas, 212 Ill. App. 18. If a judgment other than for costs had been rendered against plaintiff in error, it might have had just ground to complain that the demurrer was improperly overruled and that the judgment was based upon a bad plea, but, as this condition does not exist, the question as to whether the demurrer was properly overruled is not material and for that reason the judgment will be affirmed.

Judgment affirmed.


source: Caselaw Access Project

author: Mr. Justice Partlow

license: Public Domain

text:
    Frank O. Chapman, Appellant, v. Charles D. Cary, Appellee.
    Gen. No. 7,531.
    1. Landlord and tenant — tenant liable for rent on failure to give notice. Where tenant fails to give the 60 days’ notice in writing required by Cahill’s St. ch. 80, If 6, and vacates the premises, he is liable for rent during the statutory period up to the time the landlord rents the premises to another tenant.
    2. Landlord and tenant — tenancy exists until termination by agreement or law. Where relation of landlord and tenant exists, there must be an agreement to terminate the tenancy or it continues to exist until terminated, as provided by Cahill’s St. ch. 80, If 6.
    3. Landlord and tenant — agreement to terminate may be implied. An agreement to terminate tenancy and release tenant need not be express but may be implied from the conduct and language of the parties.

      4. Landlord and tenant — termination by agreement for jury. Whether a tenancy is terminated by agreement is a question of fact for a jury.
    5. Appeal and error — verdict not disturbed unless against evidence. An Appellate Court will not set aside a verdict of a jury unless it is manifestly against the weight of the evidence.
    6. Landlord and tenant — finding of agreement to terminate tenancy sustained. Finding of mutual agreement between parties for termination of tenancy when tenant’s house under construction should be completed, held not against the weight of the evidence.
    7. Landlord and tenant — rent between vacation and finding of hey. Where tenant moved and left key at bank where landlord transacted his business, held that landlord was not entitled to rent from the day of removal to the day he obtained the key, though he was without knowledge as to the whereabouts of the key.
    8. Appeal and error — no reversal for small error in recovery. A judgment for rent will not be reversed because of error in not giving plaintiff rent for several more days under the doctrine of de minimis non curat lex.

    Appeal by plaintiff from the County Court of Kankakee county; the Hon. Henry F. Rijel, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed November 25, 1925.

      John H. Beckers, for appellant.
    Granger, Nourie & Granger, for appellee.
   Mr. Justice Partlow

delivered the opinion of the court.

Appellant, Frank 0. Chapman, began suit before a justice of the peace in Kankakee county against appellee, Charles D. Cary, to recover certain rent alleged to be due. Judgment was rendered against appellee for $67.62, and appellant appealed to the county court, where there was a trial by jury, judgment in favor of appellant for $50, and an appeal to this court was prosecuted.

For several years prior to December, 1920, appellee had occupied a flat in Kankakee belonging to appel- • lant under an oral lease, at a rental of $30 per month. In December, 1920, a written lease was entered into at a rental of $45 per month from December 6, 1920, to September 6, 1921. At the expiration of this written lease, appellee continued to occupy the premises and paid rent regularly. In the spring of 1922, appellee notified appellant that he had bought a lot, intended to build a house and would move into it when it was completed. Appellant immediately gave appellee 60 days’ notice that his rent would Tie raised to $50 per month commencing May 1, which increase was paid by appellee until September 6, 1922. On October 6,1922, appellee did not pay his rent but continued in possession until November 7, 1922, when he moved into his new house. On that date appellee left the key for appellant at the City National Bank, being the bank where appellant did business, together with a check for $50 for rent to November 6, 1922. Appellant claims he did not learn until November 13 where the key was, and on the next day went to the bank, got the key, refused to accept the check, and thereupon wrote appellee of such refusal, claiming that rent was due for two months instead of for one month. After getting the key appellant cleaned and repaired the premises, and on December 1,1922, rented them to another tenant. Appellee refused to pay the additional month’s rent and this suit is for the $50 rent from October 6 to November 6, together with rent from that date until the new tenant was secured, amounting, as appellant, claims, to $41.66.

The contention of appellant is that appellee, who was a tenant from month to month, moved out of the flat without giving notice of such intention to appellant as provided by statute, and he thereby became liable to pay rent for the time the flat remained vacant not to exceed the statutory period required for the giving of notice to terminate the tenancy.

Section 6, ch. 80, of the statute [Cahill’s St. ch. 80, 6] provides that in all cases of tenancy by the month, where the tenant holds over without special arrangements, the landlord shall have the right to terminate the tenancy by 60 days’ notice in writing. In Peoria Hotel Co. v. Oliver, 211 Ill. App. 650, this court held that under this section of the statute the rights of the landlord and tenant to notice were equal and that the landlord was also entitled to 60 days’ notice from the tenant of an intention to vacate. To the same effect is Waller v. Richter, 205 Ill. App. 440. Where the tenant fails to give the notice, and vacates the premises, he is liable for rent during the statutory period up to the time the landlord rents the premises to another tenant. Donohue v. Chicago Bank Note Co., 37 Ill. App. 552; Harmon v. Callahan, 214 Ill. App. 104. In case the tenant vacates without notice, the landlord may take possession, make repairs and rent the premises, crediting the tenant with the rents received, and these acts do not relieve the tenant of payment of rent for the time the premises are vacant. Humiston, Keeling & Co. v. Wheeler, 175 Ill. 514. Where the relation of landlord and tenant exists there must be an agreement to terminate the tenancy or it continues to exist until terminated as provided by law. Gaines v. McAdam, 79 Ill. App. 201. An agreement to terminate the tenancy and release the tenant need not be express but it may be implied' from the conduct and language of the parties. Fry v. Patridge, 73 Ill. 51; Bloomquist v. Johnson, 107 Ill. App. 154. Whether a tenancy is terminated by agreement is a question of fact for a jury. Dills v. Stobie, 81 Ill. 202; Alsehuler v. Schiff, 164 Ill. 298. An Appellate Court will not set aside the verdict of a jury unless it is manifestly against the weight of the evidence.

The evidence shows that appellant and appellee, during the term of this tenancy, lived in the same yard, saw each other frequently and talked on several occasions about when the new house would be done. Appellant testified appellee told him it would be done about July 1. This was denied by appellee who testified that he told appellant he was going to build but did not say when the house would be ready but he told appellant he was going to move just as soon as his house was completed. Appellant apparently accepted appellee’s notice of his intention to vacate and acquiesced therein, prospective tenants were sent to look at the premises, and appellant complains that appellee and his wife refused to permit these prospective tenants to look at the fiat, which last fact was denied by appellee. It is also apparent from the evidence of appellant that tenants did call to see the flat, that this was done in order to secure a tenant after appellee moved, and was the direct result of appellee’s notice to appellant of his intention to move. Appellee insists that his notice to appellant of his intention to move was the reason for the increase of rent to $50, that after he gave- this notice, appellant not only raised the rent, but he forcibly entered the basement of appellee’s apartment and removed from the furnace certain dampers which prevented appellee from heating his apartment up to the time he moved. Under the evidence the finding of the jury that there was a mutual agreement between the parties for a termination of the tenancy when appellee’s house was completed, which agreement was substituted by the parties for the 60-day notice provided by statute, is not against the weight of the evidence and the judgment cannot be reversed on that ground.

Appellant insists that even though there was an agreement to terminate the tenancy, that he was entitled to rent from the day appellee moved to the day appellant received the key. The evidence shows that for several weeks, or possibly months, before appellee moved, there were hard feelings between the parties and they were not on speaking terms. On the morning appellee moved, appellant was at home in the same yard and saw that appellee was moving. He did not speak to appellee, but appellant and his wife drove away in their automobile and were gone all day. When they returned in the evening they found the flat was vacant, but appellant testified he did not know where the key was until November 13. If both parties had seen fit to put aside their ill-feeling when they met on the morning appellee moved and had engaged in a little conversation, they would probably have come to some understanding with reference to the delivery of the key and a lawsuit might have been avoided. The jury did not see fit to allow appellant rent up to the time the key came into his possession and we do not think the judgment should be reversed on that account.

It is contended by appellant that appellee’s rent was paid to October 6, and, as he did not move until November 7, that appellant was entitled to two days’ rent over one month, and that he was also entitled to pay for certain electric light bulbs which were in the flat nine years before when appellee first became a tenant. The jury had ample evidence for finding against appellant on the claim for the electric light bulbs. It is possible that appellant was entitled to one or two days’ additional rent. This amount was small, and under the doctrine of de minimis non curat lex, this court would not be justified in reversing the judgment, as the amount disallowed is too small to merit a second trial. McNutt v. Dickson, 42 Ill. 498; Freese v. Glos, 248 Ill. 280; Roesch v. Young, 111 Ill. App. 34; Hueni v. Freehill, 125 Ill. App. 345; Sheldon v. Eakle, 160 Ill. App. 282; McKinty v. Butts, 217 Ill. App. 234.

We find no reversible error and the judgment will be affirmed.

Judgment affirmed.


author: Mr. Presiding Justice Fitch

text:
    First District.
    N. M. Andruchow, appellee, v. Western Union Telegraph Company, appellant.
    Gen. No. 29,536.
    Suit for money had. and received. Judgment for the plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George A. Curran, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed with a finding of facts.
    Opinion filed June 9, 1925.
    West & Eckhart, for appellant; Francis R. Stark and Joseph L. Egan, of counsel.
    Webster, Holmes & Holmgren, for appellee; Grover E. Holmes, of counsel.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    Up-To-Date Machine Works, appellant, v. F. W. Stewart Manufacturing Corporation, appellee.
    Gen. No. 29,565.
    Suit on contract. Judgment for the defendant. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Beversed and remanded.
    Opinion filed June 9, 1925.
    Helmer, Moulton, Whitman & Holton, for appellant; Arthur E. Boroughf, of counsel.
    Bernard W. Vinissky, for appellee.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    Hymen Brothers et al., appellees, v. International Ladies Garment Workers’ Union et al., defendants. In re Contempt of Roy Nichols, appellant.
    Gen. No. 29,577.
    Contempt proceedings. Defendants found guilty. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    Ramsay, Koneneamp & De Wolfe, for appellant; Thomas C. Spelling, of counsel.
    Newman, Poppenhusen, Stern & Johnston, for appellees; Edward B. Johnston and Henry Jackson Darby, of counsel.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    C. M. Caldwell, appellee, v. H. C. Anson, appellant.
    Gen. No. 29,592.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of. Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the second division of this court for the first district at the October terra, 1924.
    Reversed and remanded.
    Opinion filed June 9, 1925.
    Rehearing denied June 23, 1925.
    John J. Whiteside, for appellant. Green & Palmer and Joseph H. Barnhart, for appellee; Henry I. Green, Enos L. Phillips and Oris Barth, of counsel.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    Joe LaBow, by his next friend Isadore LaBow, appellee, v. Royal Drug Company, appellant.
    Gen. No. 29,625.
    Action for services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Bedinger, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 9, 1925.
    Julius H. Miner, for appellant; Morris K. Levinson, of counsel.
    No appearance for appellee.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    C. M. Holmes and G. C. Behrens, appellees, v. Hyman Trager, appellant.
    Gen. No. 29,634.
    Action for money had and received. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. R. C. Freeman, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    Perel & Golan, for appellant; Harry Z. Perel, of counsel.
    Louis J. Jacobson, for appellees.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    Sam Golf, appellee, v. George Chialtas and William Chialtas, appellants.
    Gen. No. 29,655.
    Action for malicious prosecution. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 9, 1925.
    Brundage & Gorman, for appellants.
    No appearance for appellee.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    Singer Paper Box Company, appellee, v. Simplex Corporation, appellant.
    Gen. No. 29,764.
    Action for work done and materials furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon.. John P. Haas, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    George E. Kanary, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    Northern Paper Stock Company, appellee, v. American Box Board Company, appellant.
    Gen. No. 29,788.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John J. Lupe, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 9, 1925.
    Rehearing denied June 23, 1925.
    William L. Reed, for appellant.
    Benjamin B. Morris, for appellee.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    M. M. Olson, appellee, v. Chris G. Leventis, appellant.
    Gen. No. 29,801.
    Action for work done and materials furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    Rehearing denied June 23, 1925.
    John P. Gavaris, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


text:
    Charles J. Tressler, appellee, v. Union Fuel Company et al., on appeal of Andrew Stevenson, appellant.
    Gen. No. 30,024.
    Receivership proceeding. Interlocutory order appointing receiver. Interlocutory' appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed.
    Opinion filed June 9, 1925.
    Moses, Kennedy, Stein & Bachrach, for appellant; Hirsch E. Soble, of counsel.
    Samuel Kraus, for appellee.
   Mr. Presiding Justice Fitch

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Walter J. Flems, appellee, v. William T. Dickerman, appellant.
    Gen. No. 29,619.
    Action for slander. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Laurence B. Jacobs, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 9, 1925.
    William T. Dickerman, pro se.

    Dulsky, Friedman & Schimberg, for appellee; Louis Dulsky, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    First National Bank of Oak Park, Illinois, plaintiff and appellant, v. W. H. Williams et al., defendants. Mary A. Williams, appellee.
    Gen. No. 29,628.
    Judgment by confession. Set aside as to defendant surety. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    Charles F. Vogel, for appellant.
    A. S. & E. W. Froehlich, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Chicago Opera Association, appellant, v. Chicago Railways Company and Chicago City Railway Company, appellees.
    Gen. No. 29,640.
    Trespass on the ease. Judgment for the defendants. Appeal from the Superior Court of Cook county; the Hon. Jacob H. Hopkins, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    Joseph H. Hinshaw, for appellant; Dana R. Simpson, of counsel.
    Charles C. Cunningham and Watson J. Ferry, for appellees; John R. Guilliams and Frank L. Kriete, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    George Silas and James Stavropulas, trading as Victoria Lunch Company, plaintiffs and appellees, v. Reliable Store Fixture Company and Sol Spitzer, defendants, on appeal of Sol Spitzer, appellant.
    Gen. No. 29,782.
    Action for conversion of chattels. Judgment for plaintiffs. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 9, 1925.
    M. M. Jacobs, for appellant.
    Morris & Allen, for appellees; Seymour J. Frank, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Mary J. Hamilton, residuary legatee under the last will and testament of David G. Hamilton, deceased, appellee, v. City of Chicago, appellant.
    Gen. No. 29,791.
    Action for money had and received. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    Francis X. Busch, Corporation Counsel, and F. T. Huening, Assistant Corporation Counsel, for appellant; Cora B. Hirtzel, Assistant Corporation Counsel, of counsel.
    Samuel M. Booth, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Harry Hechtman, appellee, v. Sidney-Morris & Company, appellant.
    Gen. No. 29,816.
    Action on contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Jos. W. Schulman, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 9, 1925.
    Benjamin C. Bachrach, for appellant; Millard C. Eiseman, of counsel.
    No appearance for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr. Presiding Justice O’Connor

text:
    Arthur G. Elliott, appellant, v. Blanche Elliott, appellee.
    Gen. No. 29,448.
    Action for divorce. Judgment for the defendant. Appeal from the Superior Court of Cook county; the Hon. Walter P. Steffen, Judge, ' presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Charles E. Selleck and J. Willis Dix, for appellant.
    Hoover & Cody, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Gust Ekonomopoulos, trading as Ekonomopoulos & Company, appellee, v. William Cloud, appellant.
    Gen. No. 29,490.
    Suit to recover broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Bedinger, Heard in the third division of this court for the first district at the October term, 1924.
    Reversed.
    Opinion filed June 17, 1925.
    Andrew R. Sherriff and Walker Butler, for appellant.
    Bernard J. Heeker, for appellee; Paul G. of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice 0 ’Connor

text:
    William G. Tennant, appellant, v. P. W. A. Dorigan et al. Phillip La Mantia, appellee.
    Gen. No. 29,503.
    Replevin for automobile. Judgment for defendants. Appeal from the Superior Court of Cook county; the Hon. John P. McGoorty, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Gray & Nuttall, for appellant.
    Edward I. Rothbart and Dwight
    McKay, for appellee; Wharton Plummer, of counsel.
   Mr. Presiding Justice 0 ’Connor

delivered the opinion of the court.


text:
    Abe Lobell, appellee, v. Carl M. White, appellant.
    Gen. No. 29,527.
    Action for assault and battery. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John P. McGoorty, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Charles R. Napier, for appellant.
    Frank J. Tyrell and Sinden & Hassell, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    George Hornstein, appellee, v. A. H. Ranes, appellant.
    Gen. No. 29,589.
    Suit on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Leo B. Lowenthal, for appellant.
    Samuel Wodika, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Stephen J. Skriba, appellee, v. Adolph Chaloupka, appellant.
    Gen. No. 29,600.
    Action to recover real estate commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Bedingerj Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Beversed.
    Opinion filed June 17, 1925.
    Otto P. Bing, for appellant. Joseph Z. Klenha and Abraham Greenfield, for appellee; Louis M. Mantynband, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Taylor

text:
    The People of the State of Illinois, defendant in error, v. William Blackwell, plaintiff in error.
    Gen. No. 29,390.
    Error to the Municipal Court of Chicago; the Hon. Peter H. Schwaba, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Beversed on opinion in People v. Beckwith, post.

    Opinion filed June 17, 1925.
    Wendell E. Green, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Charles Beckwith, plaintiff in error.
    Gen. No. 29,391.
    Prosecution for larceny. Defendant convicted. Error to the Municipal Court of Chicago; the Hon. Peter H. Schwaba, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Beversed.
    Opinion filed June 17, 1925.
    Wendell E. Green, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Eliza Dondanville, appellant, v. John A. Crawford, appellee.
    Gen. No. 29,446.
    Suit on promissory note. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 17, 1925.
    Clark & Clark, for appellant; Bussell S. Clark, of counsel.
    Hume & Kennedy, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    E. Sumner Walker, defendant in error, v. Leo J. Dwyer, plaintiff in error.
    Gen. No. 29,457.
    Suit for services in procuring purchaser for real estate. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. Silas Cook, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Reversed and remanded for a new trial.
    Opinion filed June 17, 1925.
    Joseph P. Mahoney, for plaintiff in error.
    Urion, Drueker, Beichmann & Boutell, for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Tanner Rome Coal Company, appellee, v. Harold J. Finder et al. Harold J. Finder, appellant.
    Gen. No. 29,468.
    Action for goods sold and delivered. Judgment for the plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P.

      Trade, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Dulsky, Friedman, Sehimberg & Komie, for appellant.
    Allen, Ward, Myers & Schwartz, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Otto A. Sendlinger, appellee, v. Simon Rheinstein, appellant.
    Gen. No. 29,497.
    Action for money had and received. Judgment for the plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Samuel Block, for appellant.
    No appearance for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    John J. Hobin, appellant, v. Willis J. Rayburn et al., appellees.
    Gen. No. 29,514.
    Action for personal injuries. Judgment for the defendants. Appeal from the Superior Court of Cook county; the Hon. William N. G-emmill, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 17, 1925.
    Joseph E. Winterbotham, Morse Ives, H. H. Patterson and Charles C. Bodenstab, for appellant; H. H. Patterson, of counsel.
    Timothy J. Fell and Charles L. Mahony, for appellees; Charles L. Mahony, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Alvin L. Bear, trading as Bear Steel & Wire Company, appellee, v. Nicholas Wire & Sheet Company, appellant.
    Gen. No. 29,524.
    Attachment suit. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Peter H. Schwaba, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Vose & Page, for appellant; John D. daney, of counsel.
    Weinberg & Greatman, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Samuel R. Rappold, appellee, v. Timothy F. McElliott, appellant.
    Gen. No. 29,534.
    Action to recover real estate commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph S. La Buy, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    L. J. Du Rocher, for appellant.
    Louis W. Reinecker, Jr., for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    James Tinley, appellee, v. Isidore Phillips, appellant.
    Gen. No. 29,617.
    Action for real estate commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Richard Carpenter, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed June 17, 1925.
    Rehearing denied July 1, 1925.
    G. A. Buresh, for appellant.
    Teller, Levit, Silvertrust & Levi, for appellee; Morris K. Levinson, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Margaret M. McCarthy, appellant, v. William J. McCarthy et al., appellees.
    Gen. No. 29,629.
    Suit for separate maintenance and equitable garnishment. Judgment for garnishees. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Rehearing denied July 1, 1925.
    McMahon & Graber, for appellant.
    Ryan, Condon & Livingston, for Andrew J. Ryan, appellee; David J. Greenberg, of counsel.
    Irvin Herriott, for Louis E. Hart, appellee; Sherman C. Spitzer, George Gillette and Charles F. Grimes, for Chicago Title & Trust Co., appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    David. R. Steffey, trading as Steffey Brothers, appellant, v. Otto Krug, appellee.
    Gen. No. 29,644.
    Action for money had and received. Judgment for the defendant. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Reversed and judgment here.
    Opinion filed June 17, 1925.
    Dawson & Dawson, for appellant.
    Frank R. Schneberger, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    E. Hendricks, appellee, v. Jake Goldstein and A. Becker, appellants.
    Gen. No. 29,656.
    Action on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Edward E. Contarsy, for appellants.
    Samuel L. Cohen, for appellee; Morris K. Levinson, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Justice Thomson

text:
    Minnie Kluge, plaintiff in error, v. Joseph Soens, defendant in error.
    Gen. No. 29,126.
    Action for damages under the Dram-shop Act.
    Demurrer to complaint sustained. Error to the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and cause remanded with directions.
    Opinion filed June 17, 1925.
    Joseph A. Weber, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Karolina Pulnar, appellee, v. John Zawierucha et al., on appeal of Aniela Zawierucha, appellant.
    Gen. No. 29,445.
    Suit for specific performance. Decree for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    D. W. Heffron, for appellant; J. H. Perkinson, of counsel.
    Isidore Brown, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Hubert Schumacher, appellee, v. Aaron Seidner, appellant.
    Gen. No. 29,475.
    Action for damage to automobile in collision with defendant’s car. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Clinton M. Huey, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    W. W. Heise and Joseph H. Hinshaw, for appellant; Dana R. Simpson, of counsel.
    T. F. Laramie, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Albert R. Leland, appellant, v. Charlotte C. Leland, appellee.
    Gen. No. 29,493.
    Suit for divorce. Decree for defendant. Appeal from the Superior Court of Cook county; the Hon. Charles M. Poell, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Reversed and cause remanded with directions.
    Opinion filed June 17, 1925.
    Olds & La Rue, for appellant; Milford H. Olds and Owen Rall, of counsel.
    Frederick A. Brown, amicus curiae, and William R. Moss, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Frank Ziegele, administrator of the estate of Susanna Ziegele, deceased, plaintiff in error, v. John Thoss and Lillian Thoss, defendants in error.
    Gen. No. 29,511.
    Petition for vacation of judgment. Granted. Error to the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Reversed and cause remanded with directions.
    Opinion filed June 17, 1925.
    Joseph A. Weber, for plaintiff in error.
    W. B. Wilson, for defendants in error.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Ford Roofing Products Company, appellee, v. Illinois Smelting & Refining Company, appellant.
    Gen. No. 29,826.
    Suit for breach of contract for sale of merchandise. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. D. H. Wamsley, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 17, 1925.
    Rehearing denied June 25, 1925.
    Henry W. Leman, for appellant; Frank H. Culver, of counsel.
    Litsinger, Healy & Reid, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


author: Mr. Presiding Justice McSurely

text:
    Carrie Bennish, plaintiff in error, v. Esther Horvatz, defendant in error.
    Gen. No. 29,521.
    Error to the Circuit Court of Cook county; the Hon. William J. Fulton, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed for deficiency in bill of exceptions.
    Opinion filed June 22, 1925.
    L. A. Sherwin, for plaintiff in error.
    Frank N. Hillis, for defendant in error.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Walter E. Heller & Company, defendant in error, v. Paul H. Kolb, plaintiff in error.
    Gen. No. 29,979.
    Trover for automobile. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Charles Schaefer, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed June 22, 1925.
    Louis W. Reinecker, Jr., for plaintiff in error.
    Edward I. Rothbart, for defendant in error; Dwight McKay, of counsel
   Mr. Presiding Justice McSurely delivered

the opinion of the court.


author: Mr. Justice Johnston

text:
    E. Leone Irwin, plaintiff in error, v. Glynn J. Elliott, defendant in error.
    Gen. No. 29,477.
    Bill by conservator of incompetent to recover money paid by incompetent and to establish lien on land. Decree for complainant. Error to the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed June 22, 1925.
    John W. Creekmur and D. Eugene Hoopingarner, for plaintiff in error. Campbell & Fischer, for defendant in error.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Kenfield-Leach Company, appellant, v. Industrial Publications, Inc., appellee.
    Gen. No. 29,486.
    Suit on contract for the purchase of trade publications. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 22, 1925.
    Rehearing denied July 10, 1925.
    Alden, Latham & Young, for appellant; Charles Martin, of counsel.
    Moses, Kennedy, Stein & Baehrach, for appellee; Walter Bachraeh and Isaac E. Ferguson, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Jacob Frank, appellant, v. Thomas T. Hoskins Company, appellee.
    Gen. No. 29,535.
    Suit on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and judgment here.
    Opinion filed June 22, 1925.
    Rehearing denied July 10, 1925.
    Lawrence E. Dowd, for appellant.
    Sinden & Hassell, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Henry J. Mueller, appellee, v. George M. Hayes, appellant.
    Gen. No. 29,558.
    Action for personal injuries sustained in collision between motorcycle and automobile. Judgment .for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Philip L. Sullivan, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 22, 1925.
    Rehearing denied July 10, 1925.
    Roscoe L. Roberts and Everett M. Swain, for appellant.
    Elmer W. Adkinson and Earl J. Walker, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Aaron Cohn, appellant, v. Eugene A. Hughes, administrator de bonis non of the estate of Sarah Elizabeth Turner, deceased, appellee.
    Gen. No. 29,567.
    Action for real estate commissions. Judgment for the defendant. Appeal from the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 22, 1925.
    Edward N. Sherburne, for appellant; George M. Burditt, of counsel.
    Whitman & Miller, for appellee; Henry G. Miller, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Joseph Greenwald and Abraham Z. Cohen, trading as Greenwald & Cohen, appellees, v. Morris Wilensky and Annie Wilensky, appellants.
    Gen. No. 29,636.
    Action for real estate commissions. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Frank E. Reed, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed with finding of facts.
    Opinion filed June 22, 1925.
    Archie H. Cohen, for appellants; Folsom, Asay & Streeter, of counsel.
    Rudolph Frankenstein, for appellees.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Max Goldstein, appellant, v. Eli B. Felsenthal et al., trading as Felsenthal, Struckmann & Berger, appellees.
    Gen. No. 29,891.
    Action for conversion. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Peter H. Sehwaba, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 22, 1925.

      Hovey & Ely, for appellant.
    Arthur C. Baehraeh, for appellees; A. R. Miller, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Joseph S. Sokolski et al., appellees, v. Yellow Cab Company, appellant.
    Gen. No. 29,900.
    Action for wrongful death. Judgment for plaintiffs. Appeal from the Circuit Court of Cook county; the Hon. F. R. Dove, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.

      Certiorari denied, by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed June 22, 1925.
    Moloney & Postelnek and Charles L. Mahony, for appellant; Charles L. Mahony, of counsel.
    Morse Ives, H. H. Patterson and C. C. Bodenstab, for appellees; H. H. Patterson, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Roman F. Kramer and Olga Kramer, appellees, v. John Healy, appellant.
    Gen. No. 29,909.
    Action to recover damages for trespass. Judgment for plaintiffs. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fisher, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 22, 1925.
    Stebbins, Garey, L ’Amoreaux & Hurtubise, for appellant.
    John A. Ulrich, for appellees.
   Mr. Justice Johnston

delivered the opinion of the court.


author: Mr. Justice Matehett

text:
    The People of the State of Illinois, defendant in error, v. Peter Wethe, plaintiff in error.
    Gen. No. 29,552.
    Prosecution for having in possession lottery tickets for sale. Defendant convicted. Error to the Municipal Court of Chicago; the Hon. John Richardson, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Reversed and remanded.
    Opinion filed June 22, 1925.
    Myer H. Gladstone, for plaintiff in error.
    Robert E. Crowe, State’s Attorney, for defendant in error; Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Lois H. Nellesen, appellee, v. Ferdinand F. Nellesen, appellant.
    Gen. No. 29,604.
    Suit for separate maintenance. Decree for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebel, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 22, 1925.
    Ewart Harris and A. Henry Goldstein, for appellant.
    John R. Philp, for appellee; W. S. Johnson, of counsel.
   Mr. Justice Matehett

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    Robert G. Dwen, appellee, v. W. B. Mundie and E. C. Jensen, appellants.
    Gen. No. 29,854.
    Suit for partnership accounting. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed June 22, 1925.
    Loesch, Scofield, Loeseh & Richards, for appellants.
    E. A. Hunger and Milton O. Naramore, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Arthur A. King, appellee, v. Grand Trunk Western Railway Company, appellant.
    Gen. No. 29,915.
    Action for personal injuries sustained in collision of freight ears. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fisher, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed June 22, 1925.
    Rehearing denied July 10, 1925.
    Kretzinger, Kretzinger & Smith, for appellant.
    John A. Bloomingston, for appellee; W. W. McCallum, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Justice McSurely

text:
    Herbert L. Stern et al., complainants, appellees, v. Sisson Company et al., defendants. Sisson Company, appellant.
    Gen. No. 30,103.
    Foreclosure proceedings. Order appointing receiver. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed June 29, 1925.
    Stough, Harrington, Carolan & Loy, for appellant.
    Mayer, Meyer, Austrian & Platt, for appellees; Isaac H. Mayer and David F. Rosenthal, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    Atlantic Coast Distributors, appellee, v. Wabash Railway Company, appellant.
    Gen. No. 29,553.
    Action for damages to freight shipment. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed July 14, 1925.
    John Gibson Hale, for appellant.
    H. C. Lust, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    William C. Moulton, appellee, v. Florentine Art Metal Works and Edward C. Ruttenberg, appellants.
    Gen. No. 29,622.
    Creditor’s bill. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Rehearing denied July 24, 1925.
    Reuben J. Feldman, for appellants.
    Urion, Drucker, Reichmann & Boutell, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Richard James, appellee, v. George A. Cokins et al., on appeal of George A. Cokins, trading as Cokins & Company, appellant.
    Gen. No. 29,631.
    Suit for fraudulent representations in sale of stock. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed July 14, 1925.
    Rehearing denied July 23, 1925.
    Charles S. Deneen and Roy Massena, for appellant.
    Chilton P. Wilson, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    John B. Pallasch, appellee, v. Emil Klein and Susie Klein, appellants.
    Gen. No. 29,643.
    Action for services as real estate broker. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Laurence B. Jacobs, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed with a finding of facts.
    Opinion filed July 14, 1925.
    George Steinbrecher and Lewis S. Baton, for appellants.
    William A. Sherwin and Harry C. Moran, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. William J. H. Schultz, appellee, v. Nicholas R. Finn et al., appellants.
    Gen. No. 29,795.
    Appeal from the Superior Court of Cook county; the Hon. John P. MeGoorty, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded with directions on opinion in People ex rel. v. Cederwall v. Finn, swpra, p. 17.
    Opinion filed July 14, 1925.
    Francis X. Busch, Corporation Counsel, Leon Hornstein and Carl Hjalmar Lundquist, Assistant Corporation Counsel, for appellants; Cora B. Hirtzel, Assistant Corporation Counsel, of counsel.
    Franklin Raber, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Citizens State Bank of Melrose Park, appellee, v. The Village of Bellwood, appellant.
    Gen. No. 29,810.
    Assumpsit to recover value of material sold and delivered. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    James B. Heffernan, for appellant.
    Rankin & Lustfield, for appellee; Ode L. Rankin, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Consolidated Paper Company, appellee, v. Maurice Pushker, appellant.
    Gen. No. 29,819.
    Action upon a guaranty of debt. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Charles L. Cohns, for appellant.
    Osborne, Kline & McGurren, for appellee; Wilson P. Kline, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    S. Seigel, appellee, v. Isidore Ossey and Meyer Ossey, trading as Ossey Brothers Department Store and Liberty Cloak Shop, appellants.
    Gen. No. 29,837.
    Action on claim for wages. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John P. Haas, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed July 14, 1925.
    Sehoenbrod & Bosengard, for appellants.
    Nelson & Biker, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Pitch

text:
    Chicago Title & Trust Company, appellee, v. Nathan Klee et al., trading as Klee, Rogers, Wile & Loeb, appellants.
    Gen. No. 29,822.
    Action by receiver of insurance company to recover premiums due under agency contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Henry M. Walker, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Rehearing denied July 23, 1925. Certiorari denied by Supreme Court (making opinion final).
    Charles B. Obermeyer, for appellants.
    Foreman, Blumrosen, Steele & Schultz, for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    Frank Zikmund, appellee, v. Martin Bedrava, appellant.
    Gen. No. 29,831.
    Action of forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed July 14, 1925.
    T. G. Vance and Grace H. Harte, for appellant.
    No appearance for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    Reliance Electric Company, appellee, v. See-Moon & Company, appellant.
    Gen. No. 29,862.
    Action for work, labor and materials. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Richard Y. Carpenter, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed July 14, 1925.
    Peden, Kahn & Murphy, for appellant; David Silbert, of counsel.
    Charles Daniels and Jesse Quitman, for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    Charlotte Nieman, appellee, v. Clemmons Nieman, appellant.
    Gen. No. 29,869.
    Motion to vacate order in divorce proceedings. Motion denied. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    C. D. Lee and R. C. Weiehbrodt, for appellant.
    Cochrane & George, for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    Thomas Patton, appellee, v. Yellow Taxicab Company, appellant.
    Gen. No. 29,877.
    Action to recover for damage to taxicab in collision with taxicab of defendant. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George A. Curran, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Costello & MeGreaham, for appellant; I. Harvey Levinson and Harry J. Blake, Jr., of counsel.
    No appearance for appellee.
   Mr. Justice Pitch

delivered the opinion of the court.


text:
    Albert L. Berry, appellee, v. Joseph A. Roseman, appellant.
    Gen. No. 29,889.
    Action to recover commissions on sale of farm machinery. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberhardt, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed if remittitur is filed; otherwise reversed and remanded.
    Opinion filed July 14, 1925.
    Maddoek, Jaffe & Green, for appellant.
    Johnston & Barley, for appellee; Bernard P. Johnston, of counsel.
   Mr. Justice Pitch

delivered the opinion of the court.


author: Mr. Justice Fitch

text:
    Edward S. Deegan, appellant, v. Martin O. Heckard et al., appellees.
    Gen. No. 29,948.
    Suit to quiet title. Bill dismissed for want of equity. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the second division of this court for the first district at the June term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.

      Certiorari denied by Supreme Court (making opinion final).
    William Friedman, for appellant; John S. Stevens, of counsel.
    Tenney, Harding, Sherman & Rogers, for appellees; Henry P. Tenney and John E. O’Hora, of counsel.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Duffin Iron Company, appellee, v. Kurt Rosenthal, trading as Kurt Rosenthal & Company, appellant.
    Gen. No. 29,804.
    Action for damages for breach of contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Baniel P. Trude, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Rehearing denied July 24, 1925.
    Theodore Rubovits, for appellant.
    Brown, Fox & Blumberg, for appellee.
   Mr. Justice Gridley

delivered the opinion of the .court.


text:
    Alfred B. Bowman, appellee, v. Henry Schreil, appellant.
    Gen. No. 29,855.
    Action for damage to automobile in collision with defendant’s car. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George A. Curran, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Joseph G. Sheldon, for appellant.
    Harry C. Lindahl, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Yellow Cab Company, appellee, v. Stafford-Smith Company, appellant.
    Gen. No. 29,865.
    Action for rent. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John F. O’Connell, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Rehearing denied July 24, 1925.
    Cochrane & George, for appellant.
    Samuels, Costello & Greenberg, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Susie Bason, appellee, v. T. W. Champion, trading as T. W. Champion & Company, appellant.
    Gen. No. 29,871.
    Action to recover real estate commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Paul B. Lauher, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed.
    Opinion filed July 14, 1925.
    Lefkow & Lefkow, for appellant.
    Isadore S. Blumenthal, for appellee; Berthold L. Goldberg, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Gerardo Gorino, appellee, v. Jacob Bass, sued as Jack Bass, appellant.
    Gen. No. 29,880.
    ’ Action against landlord to recover for damage.to tenant’s goods. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George B. Holmes, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed July 14, 1925.
    Darrow, Sissman, Holly & Carlin, for appellant.
    H. F. Tucker, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Hr. Justice Gridley

text:
    Samuel C. Maxner, appellee, v. Arthur Gisiner, appellant.
    Gen. No. 29,892.
    Action for false imprisonment. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. William N. Gemmill, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed July 14, 1925.
    Short & Guenther and Joseph Z. Willner, for appellant.
    H. A. Barnhardt, for appellee.
   Hr. Justice Gridley

delivered the opinion of the court.


text:
    Nettie L. Parker, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 29,901.
    Action for personal injuries sustained in taxicab. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Philip L. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 14, 1925.
    Moloney & Postelnek and Charles L. Mahony, for appellant; Charles L. Mahony, of counsel.
    Morse Ives, H. H. Patterson and C. C. Bodenstab, for appellee; H. H. Patterson, of counsel.
   Mr. Justice Gridley

delivered, the opinion of the court.


text:
    Petersen Motor Car & Garage Company, appellee, v. H. P. Reger and Mary A. Reger, appellants.
    Gen. No. 29,879.
    Action for money had and received. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed July 22, 1925.
    T. B. McGrath, Jr., and A. J. Schmidt, for appellants.
    Blum, Blum & Delaney, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Charles W. Peters, appellee, v. Logan Square Trust & Savings Bank et al., appellants.
    Gen. No. 29,758.
    Action on replevin bond. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    Rehearing denied October 19, 1925.
    Fred B. Silsbee, for appellants.
    Adams, Follansbee, Hawley & Shorey, for appellee; Melvin M. Hawley and Joseph A. Struett, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    American Travel & Hotel Directory Company, appellee, v. Thomas Mack, trading as Rezilite Manufacturing Company, appellant.
    Gen. No. 29,770.
    Action to recover for advertising in hotel directory. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberhardt, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed October 6, 1925.

      L. C. Thesen, for appellant.
    Teller, Levit, Silvertrust & Levi, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    E. B. Cadwell, appellant, v. William R. Johnson Manufacturing Company, appellee.
    Gen. No. 29,828.
    Action to recover rent. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed October 6, 1925.
    Wetten, Pegler & Dale, for appellant.
    Loucks, Eckert & Peterson, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Jean A. Cartwright, appellee, v. Erle K. Baker, appellant.
    Gen. No. 29,849.
    Action on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    Albert L. Blumenfeld, for appellant.
    Benedict J. Short and Joseph Z. Willner, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Charles Coon et al., appellees, v. Morris G. Levinson and Meyer Shapiro, defendants. Morris G. Levinson, appellant.
    Gen. No. 29,860.
    Suit to foreclose trust deed. Decree for plaintiffs. Appeal from the Circuit Court of Oook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed October 6, 1925.
    Morris G. Levinson, for appellant; Robert D. Melick, of counsel.
    Stephen A. Cross, for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    S. Goldberg, appellee, v. Schiff Safety Deposit Company, appellant.
    Gen. No. 29,868.
    Action to recover money alleged to have been deposited in safety deposit box. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    Ringer, Wilhartz & Hirsch, for appellant; Samuel E. Hirseh and Arthur Wolf, of counsel.
    Morris Sider, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    George B. Chapman, appellee, v. Fred Fuller et al., appellants.
    Gen. No. 29,874.
    Action on contract for exchange of properties. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed October 6, 1925.

      Danaher & Harriott, for appellants.
    Isadore S. Blumenthal and John Tone Kelly, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Anna Berkman, appellee, v. Morris Zeidman and Minnie Zeidman, appellants.
    Gen. No. 29,883.
    Action to recover real estate commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Bedinger, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    Joseph Rosenberg, for appellants; Benjamin Rosenberg, of counsel.
    No appearance for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Ethel M. Copeland, appellee, v. John E. May, appellant.
    Gen. No. 29,916.
    Action to recover monies delivered for investment. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed October 6, 1925.
    Henry S. Robbins, for appellant; Orville J. Taylor, John S. Miller, Jacob M. Dickinson, Jr., and George D. Smith, of counsel.
    Tenney, Harding, Sherman & Rogers and Victor Biting, for appellee; Horace Kent Tenney, Victor Biting and S. Ashley Guthrie, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Adolph Huse, plaintiff in error.
    Gen. No. 29,923.
    Prosecution for violation of liquor law. Defendant convicted. Error to the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed.
    Opinion filed October 6, 1925.
    M. L. Carmody and E. R. Parness, for plaintiff in error.
    Robert B. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson.
    Assistant State’s Attorneys, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Frank Sturtevant, trading as Sturtevant Orchestras of Chicago, appellant, v. Fred C. Dahms, appellee.
    Gen. No. 29,984.
    Action for breach of contract for employment. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Joseph S. La Buy, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    Alex M. Golman, for appellant; A. S. Langille and John L. Ward, for appellee; John L. Ward, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    A. L. Williams, defendant in error, v. Yellow Cab Company, plaintiff in error.
    Gen. No. 30,000.
    Action to recover damages to automobile. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. John J. Lupe,

      Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed on remittitur.
    Opinion filed October 6, 1925.
    MeGreaham, Blake & Sharp, for plaintiff in error.
    Ho appearance for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Fashion Automobile Station, appellee, v. Lionel A. Sherwin, appellant.
    Gen. No. 30,033.
    Action to recover for automobile storage. Judgment for plaintiif. Appeal from the Municipal Court of Chicago; the Hon. James J. O’Toole, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    L. A. Sherwin, pro se.

    Ho appearance for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Anna L. Dever, appellee, v. William P. Brennan, appellant.
    Gen. No. 30,061.
    Action on account against apartment house manager. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    Sonnensehein, Berkson, Lautmann & Levinson, for appellant; Joseph A. Struett, of counsel.
    T. F. Monahan and Samuel J. Lombard, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Hyman Levine, appellee, v. Max N. Block, appellant.
    Gen. No. 30,070.
    Motion to vacate judgment by confession on promissory note. Motion denied. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fischer, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed October 6, 1925.
    Rudolph Frankenstein, for appellant.
    Philip A. Weinstein, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Norman Hecht et al. I. D. Opat, appellee, v. The Tourist Camp Body Company, on appeal of Lewis E. Bower, appellant.
    Gen. No. 30,095.
    Suit to foreclose chattel mortgage. Judgment for intervener. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    Brown, Brown & Brown, for appellant.
    Sidney S. Pollack and Wm. G. Leseman, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Peck & Hills Furniture Company, appellee, v. Charles F. Lorenzen, appellant.
    Gen. No. 30,110.
    Action upon a stated account. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trade. Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    J. Kendall Mitchell, for appellant.
    Harper E. Osborn, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    F. E. Scotten, trading as F. E. Scotten Bank Service, appellee, v. Edgewater Trust & Savings Bank, appellant.
    Gen. No. 30,153.
    Action for breach of contract of employment. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. James J. O'T'oole, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed.
    Opinion filed October 6, 1925.
    Samuel M. Dague and James J. Danaher, for appellant.
    Colson, Levering & Johnson, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Henry Moss, appellee v. M. R. Duket, appellant.
    Gen. No. 30,175.
    Action to recover rent. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    Novak & Novak and Leo L. Donahoe, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Fannie B. Rupert, appellee, v. Samuel L. Cooper et al., on appeal of Minnie Evers and Albert Evers, appellants.
    Gen. No. 30,184.
    Suit to foreclose trust deed. Decree for complainants. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed in part and reversed in part.
    Opinion filed October 6, 1925.
    Peter J. Hower, for appellants.
    Frisch & Frisch, for appellee; Sidney Frisch and Avern B. Scolnik, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Nat Ginsburg and Abe Ginsburg, trading as Nat Ginsburg & Brother, and as Esco Woolen Company, appellees, v. Rubin Ballis, trading as Sherman Cloak Company, appellant.
    Gen. No. 30,193.
    Action on account. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    Max M. and Samuel Grossman, for appellant.
    No appearance for appellees.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    John Dulla and Matilda Dulla, appellants, v. Gustav Ptacek, appellee.
    Gen. No. 30,205.
    Action to recover rent. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. James W. Gordon, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed with finding of facts.
    Opinion filed October 6, 1925.
    Otto F. Ring, for appellants.
    Charles J. Michal, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mir. Presiding Justice Barnes

text:
    Dennis Burns, appellee, v. Morton S. Makin, appellant.
    Gen. No. 30,214.
    Action for fraud and deceit in execution of lease. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; tho Hon. M. D. Hartigan, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed with findings of fact.
    Opinion filed October 6, 1925.
    Rehearing denied October 19, 1925.
    Samuel H. Holland, for appellant.
    Thomas F. King, for appellee.
   Mir. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Louis Wald, appellee, v. Abe Cohen, appellant.
    Gen. No. 30,232.
    Suit for accounting. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    Levinson, Hoffman & Rein, for appellant; Calmon R. Golder, of counsel.
    O’Brien & Hayes, for appellee; Wm. B. O’Brien, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Peter Vandelind, administrator of the estate of Hugo Vandelind, deceased, plaintiff in error, v. Peter Knaber, also known as Peter Knabarnakstis, defendant in error.
    Gen. No. 29,989.
    Action for wrongful death. Judgment for defendant. Error to the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    George B. Cohen and Abraham H. Cohen, for plaintiff in error.
    James M. Burke, for defendant in error; Snyder & Cohn, of counsel.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Zell F. Harshton and Mae L. Harshton, plaintiffs in error, v. Anna Piotrowski, defendant in error.
    Gen. No. 30,011.
    Motion to strike statement of claim. Motion granted. Error to the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    Solberg, Hummeland & Winslow, for plaintiffs in error; A. J. W. Appell, of counsel.
    A. S. and E. W. Froehlich, for defendant in error.
   Mr. Justice Fitch

delivered the opinion of the court.


author: Mr. Justice ¡Eitch

text:
    The People of the State of Illinois, defendant in error, v. Anthony J. Nolan, plaintiff in error.
    Gen. No. 30,019.
    Prosecution for threatening accusation for violating speed law, with intent to extort money. Defendant convicted. Error to the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Reversed.
    Opinion filed October 6, 1925.
    Michael P. Ryan, for plaintiff in error.
    Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Kelson, Assistant State’s Attorneys, for defendant in error.
   Mr. Justice ¡Eitch

delivered the opinion of the court.


text:
    John Coutre, appellee, v. Ernest Ermel et al., appellants. Ernest Ermel et al., appellants, v. John Coutre and Henry Martin, trading as H. Martin & Company, appellees.
    Gen. No. 30,036.
    Suit to set aside deeds. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed October 6, 1925.
    Julius Limbach and Edward McTiernan, for appellants.
    Barney L. Hollowick, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Sam Korshak, appellee, v. Frank Balsis, appellant.
    Gen. No. 30,045.
    Action for damages to automobile in collision with another car. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Paul B. Lauher, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    Le Forgee, Schroeder & Tate, for appellant; Leo M. Tarpey, of counsel.
    Loucks, Eckert & Peterson, for appellee; Tom Leeming and John J. Morris, of counsel.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Martin Hurwitz, petitioner, v. John F. Haas, respondent.
    Gen. No. 30,049.
    Mandamus to compel signing and sealing of bill of exceptions.
    Petition denied.
    Opinion filed October 6, 1925.
    Webster, Holmes & Holmgren, for petitioner.
    Albert W. Charles, for respondent.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Nels Morine, appellant, v. Louise C. Achilles, appellee.
    Gen. No. 30,055.
    Action on promissory note. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed October 6, 1925.
    Cheney, Evans & Peterson, for appellant.
    David B. Maloney, for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


text:
    Peter Tutules and John P. Dignan, trading as Tutules & Dignan, appellees, v. Richard E. Elliott and Anna E. Cotter, appellants.
    Gen. No. 30,073.
    Action to recover for services as real estate brokers. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1935.
    Affirmed.
    Opinion filed October 6, 1925.
    Samuel B. King, for appellants.
    Oliver T. Cody, for appellees.
   Mr. Justice Fitch

delivered the opinion of the court.


author: Mr. Justice Jones

text:
    Second District.
    Marietta Bazeley, appellant, v. Estate of David Schoonmaker, appellee.
    Gen. No. 7,401.
    Suit for services rendered. Judgment for defendant. Appeal from the Circuit Court of Winnebago county; the Hon. Edward D. Shurtleff, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    Fisher, North, Linscott & Gibboney, for appellant.
    Welsh & Welsh, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Ellen M. Talty, appellee, v. Frank Schoenholz, sheriff of County of Lee, appellant.
    Gen. No. 7,404.
    Replevin. Judgment for plaintiff. Appeal from the Circuit Court of Lee county; the Hon. William J. Emerson, Judge, presiding. Heard in this court at the October term, 1924.
    'Affirmed.
    Opinion filed March 27, 1925.
    R. W. Besse and Clyde Smith, for appellant; H. A. Brooks, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Standard Oil Company of Indiana, appellee, v. Cornelius C. Vanderboom et al., appellants.
    Gen. No. 7,413.
    Appeal from the Circuit Court of Will county; the Hon. Frederick A. Hill, Judge, presiding.
    Heard in this court at the October term, 1924.
    Affirmed on case of Ackcer v. Vanderboom, 235 Ill. App. 417.
    Opinion filed March 27, 1925.
    Rehearing denied April 28, 1925.
    J. L. Brearton, for appellants.
    Orr & Brumund and Barr & Barr, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Samuel Jaffe, appellant, v. H. L. Miller et al., appellees.
    Gen. No. 7,421.
    Bill for discovery and accounting. Dismissed. Appeal from the Circuit Court of Kankakee county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    Rehearing denied April 28, 1925.

      H. H. Whittemore, for appellant.
    Walter C. Schneider, for appellees.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Edith Calvert, appellee, v. Block & Kuhl Company, appellant.
    Gen. No. 7,427.
    Assumpsit for services rendered. Judgment for plaintiff. Appeal from the County Court of Peoria county; the Hon. Glen J. Cameron, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    Hunter, Page & Kavanagh, for appellant.
    Herbert P. Brannon, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


author: Mr. Justice Partlow

text:
    Cecelia Lang, appellant, v. August Lang, administrator of the estate of Ellen Lang, deceased, et al., appellees.
    Gen. No. 7,394.
    Appeal from disallowance of claim against decedent’s estate. Appeal dismissed. Appeal from the Circuit Court of Jo Daviess county; the Hon. Harry Edwards, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    M. H. Cleary, for appellant.
    F. J. Campbell, for appellees; J. P. Frantzen, of counsel.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Philip Vella, administrator of the estate of Frank Vella, deceased, appellant, v. Rockford Gas-Light & Coke Company, appellee.
    Gen. No. 7,407.
    Action for wrongful death. Judgment for defendant. Appeal from the Circuit Court of Winnebago county; the Hon. E. D. Reynolds, Judge, presiding. Heard in this court at the October term, 1924.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 27, 1925.
    Rehearing denied April 29, 1925.
    Roy F. Hall, for appellant.
    Lathrop, Lathrop & Brown, for appellee.
   Mr. Justice Partlow

delivered the opinion of the court.


author: Mr. Justice Jett

text:
    Henry O. Phillabaum, appellee, v. Lake Erie & Western Railroad Company, appellant.
    Gen. No. 7,268.
    Action for personal injuries. Judgment for plaintiff. (See 315 Ill. 131, rev’g 232 Ill. App. 120.) Appeal from the Circuit Court of Peoria county; ' the Hon. Charles V. Miles, Judge, presiding. Heard in this court at the October term, 1923.
    Reversed and remanded.
    Opinion filed April 8, 1925.
    John B. Cockrum, J. G. McKay and Miller, Elliott & Westervelt, for appellant.
    Henry R. Rathbone and Heyl & Heyl, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


author: Mr. Presiding Justice Jett

text:
    Mason W. Loomis et al., appellants, v. Grant W. Miller et al., trustees of International Milk Flour Company, Ltd., appellees.
    Gen. No. 7,363.

      Suit to quiet title. Decree for defendants. Appeal from the Circuit Court of Will county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the April term, 1934.
    Affirmed.
    Opinion filed April 25, 1925.
    Orr & Brumund, for appellants.
    Fred B. Silsbee and Donovan, Bray & Gray, for appellees.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Rebecca McCormick and Arabella McCormick, appellees, v. City of Peru, appellant.
    Gen. No. 7,397.
    Action on the case for damages against defendant city for turning off electric current. Judgment for plaintiffs. Appeal from the Circuit Court of La Salle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed April 25, 1925.
    Charles W. Helmig and Butters & Butters, for appellant.
    J. E. Coleman and Kelly, Kelly & Kelly, for appellees.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    The Federal Land Bank of St. Louis, plaintiff in error, v. John Weigle, defendant in error.
    Gen. No. 7,403.
    Bill to foreclose trust deed. Decree for defendant. Error to the Circuit Court of Lee county; the Hon. Oscar E. Heard, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed April 25, 1925.
    Rehearing denied September 26, 1925.'
    George E. Martin and Theo. E. Kircher, for plaintiff in error.
    H. A. Brooks, for defendant in error.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


author: Mr. Presiding Justice Jones

text:
    Joseph G. Dingle, appellee, v. The Republican-Times Printing Company, appellant.
    Gen. No. 7,410.
    Assumpsit for services rendered. Judgment for plaintiff. Appeal from the Circuit Court of La Salle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1924.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 25, 1925.
    Rehearing denied and opinion slightly modified September 26, 1925.
    Butters & Butters, for appellant.
    Arthur H. Shay, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    James M. Longshore, appellee v. Joseph Fanyo, appellant.
    Gen. No. 7,442.
    Assumpsit to recover damages for failure to deliver automobile sold. Judgment for plaintiff. Appeal from the Circuit Court of Iroquois county; the Hon. Frank L. Hooper, Judge, presiding. Heard in this court at the October term, 1924.

      Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 25, 1925.
    J. W. Kern and C. N. Saum, for appellant; C. G. Hirschi, of counsel.
    Wendell P. Kay, Free P. Morris and Roscoe O. South, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Frank B. Holland, appellee, v. Bird-Sykes Company, appellant.
    Gen. No. 7,450.
    Suit upon claim for personal property levied upon by sheriff. Judgment for plaintiff. Appeal from the County Court of Peoria county; the Hon. Glen J. Cameron, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed April 25, 1925.
    George J. Jochem, for appellant; Miller, Elliott & Westervelt, of counsel.
    I. R. Wasson and Harry C. Heyl, for appellee; Heyl & Heyl, of counsel.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Maude M. Ely, administratrix of the estate of William R. Ely, deceased, appellee, v. Prudential Insurance Company of America, appellant.
    Gen. No. 7,212.
    Assumpsit upon insurance policy. Judgment for plaintiff. Appeal from the Circuit Court of Grundy county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed April 25, 1925.
    Hoyne, O’Connor & Rubinkam, H. B. Smith and Phillips & Middleton, for appellant.
    Prank H. Hayes and Jay Stough, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Julius Van Nevel and Theophiel Martens, plaintiffs in error.
    Gen. No. 7,385.
    Prosecution for violation of liquor law. Defendants convicted. Error to the County Court of Rock Island county; the Hon. George D. Long, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed April 25, 1925.
    Kenworthy, Dietz, Shallberg, Harper & Sinnett, for plaintiffs in error.
    Benjamin S. Bell, State’s Attorney, and Edward L. Eagle, Assistant State’s Attorney, for defendant in error.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Sam Dudley, appellant, v. Inglaterra Amusement Company, appellee.
    Gen. No. 7,395.
    Suit under Civil Rights Act. Judgment for defendant. Appeal from the Circuit Court of Winnebago county; the Hon. Earl D. Reynolds, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed April 25, 1925.
    Garrett, Maynard & Hull, for appellant.
    Fisher, North, Linscott & Gibboney, for appellee.
   Mr. Presiding Justice Jones

delivered the opinion of the court.


text:
    Daniel Whisler, appellant, v. First National Bank of Galesburg et al., appellees.
    Gen. No. 7,443.
    Bill to foreclose real estate mortgage. Dismissed. Appeal from the Circuit Court of Warren county; the Hon. Walter C. Frank, Judge, presiding. Heard in this court at the October term, 1924.

      Certiorari denied by Supreme Court (making opinion final).
    Reversed and remanded with directions.
    Opinion filed April 25, 1925.
    Grier, Safford & Soule, for appellant.
    L. E. Murphy, J. J. Kritzer and Hardy & Hardy, for appellees.
   Mr. Presiding Justice Jones

delivered the opinion of the court.