text:
    Samuel P. Luzzo, appellee, v. Security Trust & Deposit Company, appellant.
    Gen. No. 29,439.
    Assumpsit to recover value of certain property deposited in a safety deposit box rented from the defendant. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Jacob H. Hopkins, 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 April 13, 1925.
    Rehearing denied April 27, 1925.
    Warren B. Wilson and Alvin E. Stein, for appellant.
    Timothy J. Pell, for appellee; P. 0. Ploberg, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


source: Caselaw Access Project

author: Mr. Justice Johnston

license: Public Domain

text:
    C. C. Stevens, appellant, v. Lavinia McConnell Donaldson and Percy Donaldson, appellees.
    Gen. No. 29,515.
    Suit to foreclose mortgage. Decree dismissing bill for want of equity. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and remanded with directions.
    Opinion filed April 13, 1925.
    Rehearing denied April 27, 1925.
    Louis Reineeker, Jr., for appellant; Walter Hamilton, of counsel Cyrus Heren, for appellees.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Bremer Manufacturing Company, for use of Veronica Maltby, appellee, v. J. C. Tully, appellant.
    Gen. No. 29,525.
    Garnishment proceedings. Judgment against garnishee. Appeal from 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 October term, 1924. Reversed and remanded.
    Opinion filed April 13, 1925.
    Rehearing denied April 27, 1925.
    John D. Clancy, for appellant.
    Stephen A. Cross and Will J. Bell, for appellee; Stephen A. Cross, of counsel
   Mr. Justice Johnston

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    Mary Johnson et al., defendants in error, v. Henri Pype et al., plaintiffs in error.
    Gen. No. 29,447.
    Action under the Dramshop Act to recover for the death of plaintiffs’ decedent alleged to have been caused by intoxicating liquors sold to him by the defendants. Judgment for plaintiffs. Error to the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.
    Freeman, Mason & Igoe, for plaintiffs in error.
    Winters, Stevens, Risk & Griffith, for defendants in error; George M. Stevens, Julian Clay Risk and Melvin L. Griffith, of counsel
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Piowaty-Claussen Company, Inc., appellant, v. Joachim Cirese and Anton Graziono, copartners, trading as Cirese Brothers & Company, appellees.
    Gen. No. 29,463.
    Action to recover price of goods sold. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.

      Stewart Reed Brown, for appellant.
    Helen M. Cirese, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Sol Rubin, appellant, v. Samuel Midlinsky et al., appellees.
    Gen. No. 29,473.
    Bill to have complainant decreed the real and equitable owner of certain real estate and to have legal title conveyed to him. Bill dismissed for want of equity. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, 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 April 13, 1925.
    Rehearing denied April 27, 1925.
    Granville W. Browning and Clark & Clark, for appellant.
    Epstein & Feiwell, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Francis X. Busch et al., appellees, v. Joseph Paclik et al., appellants.
    Gen. No. 29,487.
    Bill in equity. . Petition to suppress certain evidence and quash a search warrant. Decree for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed on failure of abstract to preserve questions for review.
    Opinion filed April 13, 1925.
    Kostner & Herr, for appellants; Simon Herr, of counsel.
    Francis X. Busch, Corporation Counsel, for appellees; Daniel V. Gallery, Assistant Corporation Counsel, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    J. C. Williams, appellant, v. Frank F. Ferreria, appellee.
    Gen. No. 29,509.
    Motion to set aside judgment by confession on promissory note. Motion granted. 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.
    Reversed and remanded.
    Opinion filed April 13, 1925.
    James H. Turner, for appellant.
    Ho appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Leonard Olund, trading as The Brandon Potato Company, appellee, v. Joe Levin, trading as West End Produce Company, appellant.
    Gen. No. 29,518.
    Suit to recover balance due on shipments of merchandise. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. D. H. Wamsley, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.
    Samuel Wodika, for appellant; E. C. Mapledoram, of counsel.
    Stewart Reed Brown, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    John Carroll et al., appellants, v. Louise Kisselbach et al., appellees.
    Gen. No. 29,528.
    Receivership proceedings. Order directing distribution of funds in receiver’s hands. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.
    Rehearing denied April 27, 1925.
    L. A. Sherwin, for appellants.
    Edward H. Kubitz, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Eleanor B. Nelson, complainant, v. Herman Urban, trading as Manor Maintenance Company et al., defendants, on appeal of Standard Sanitary Manufacturers Company, appellant-defendant, v. Miller Plumbing & Heating Supply Company, appellee-defendant.
    Gen. No. 29,539.
    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 on opinion in Nelson v. Urban, 236 Ill. App. 447.
    Opinion filed April 13, 1925.
    Samuel J. Moran, for appellant.
    Benson, Fitch & Heinemann, for appellee Eleanor B. Nelson.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Alexander J. Januchowski, appellee, v. D. Staneff, appellant.
    Gen. No. 29,570.
    Action for damages sustained in collision of automobiles. Judgment for plaintiff. Appeal from 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 October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.
    Rehearing denied April 27, 1925.
    Peden, Graydon, Kahn & Murphy, for appellant; Gerald Ryan, of counsel.
    No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    W. H. Seitzler, appellee, v. James B. Cook and Martin Matheson, trading as Cook & Matheson, appellants.
    Gen. No. 29,579.
    Action to recover commission on sale of real estate. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.
    Loueks, Eckert & Peterson, for appellants.
    M. D. Dolan, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Mike Kraus, appellee, v. Massachusetts Bonding & Insurance Company, appellant.
    Gen. No. 29,627.
    Action on accident policy. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William R. Fetzer, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed.
    Opinion filed April 13, 1925.

      Edward B. Rawlins and Peter F. Schramm, for appellant.
    No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Simeon Loudenback, trading as S. Loudenback & Company, appellee, v. Reinhold Fredrich, appellant.
    Gen. No. 29,639.
    Action to recover real estate broker’s commission on sale of real estate. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberhardt, 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 April 13, 1925.
    Frank H. Partridge, for appellant.
    No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    A. W. Donnerstag, appellee, v. Gerald E. Christopher et al., trading as Christopher Motor Car Company, appellants.
    Gen. No. 29,651.
    Action in conversion. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.
    M. E. Gallion and H. P. O’Connell, for appellants.
    H. F. Tucker and H. E. Wynekoop, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    De Forest Bowman, appellant, v. Elbert Clark, appellee.
    Gen. No. 29,660.
    Suit to recover premium on life insurance policy. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Bernard P. Bar asa, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed April 13, 1925.
    John W. Bennett, for appellant; Herbert Bebb, of counsel.
    Hoyne, O’Connor & Rubinkam, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    August Ganz, appellant, v. Valentino Bulf, appellee.
    Gen. No. 29,772.
    Action for conversion of automobile. Verdict of not guilty and judgment against plaintiff for costs. 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 April 13, 1925.
    Vincent P. Pace, for appellant.
    No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Justice Matehett

text:
    William E. Moan, appellee, v. G. P. Racine, appellant.
    Gen. No. 29,824.
    Suit to recover balance of contract price of oil-burning heater. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Bedinger, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and judgment of nil capiat.

    Opinion filed April 13, 1925.
    Joseph Granick and Edward N. Sherburne, for appellant.
    Ela, Grover & March, for appellee; Gerald L. McMullen, of counsel.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Charles J. Lange and Josepha Lange, trading as Lange & Company, appellees, v. Louis Bernstein and Rebecca Bernstein, appellants.
    Gen. No. 29,864.
    Action to recover commission on sale of leasehold and furnishings. Judgment for plaintiffs. Appeal from the Municipal Oourt of Chicago; the Hon. Bernard P. Barasa, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed April 13, 1925.
    Harry Bierma, for appellants.
    Thompson, Tyrrell & Chambers, for appellees; Walter H. Chambers, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Grant A. Ritter and Alfred Bader, copartners, trading as Rex Realty Company, appellees, v. Bernard A. Rooney, appellant.
    Gen. No. 29,873.
    Action to recover commission on sale of real estate. Judgment for plaintiffs. Appeal from the Municipal Oourt of Chicago; the Hon. George A. Curran, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed with judgment of nil capiat.

    Opinion filed April 13, 1925.
    Loueks, Eckert & Peterson, for appellant; John D. Peterson and Tom Leeming, of counsel.
    Van Natta & King, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Roy J. Baranski, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 29,903.
    Action to recover damages for personal injuries sustained in being struck by defendant’s taxicab. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John P. MeGoorty, 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 April 13, 1925.
    Moloney & Postelnek, John E. Kehoe and Busby, Weber, Miller & Donovan, for appellant; Benjamin Samuels, of counsel.
    James C. McShane, for appellee; George H. Meyer, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Presiding Justice O’Connor

text:
    Hibernian Banking Association v. Chicago Title & Trust Company et al., on appeal of Arthur R. Jones, appellant, v. Frank M. McKey, receiver, appellee.
    Gen. No. 28,851.
    Receivership on foreclosure proceeding. Order entered on master’s report. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Reversed and remanded with directions.
    Opinion filed April 29, 1925.
    Rehearing denied May 21, 1925.

      David K. Tone, for appellant.
    Church, Haft & Robertson, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    George J. Haberer, defendant in error, v. Albert Fuchs, plaintiff in error.
    Gen. No. 29,111.
    Suit for real estate broker’s commission. Judgment for plaintiff. Error to the Circuit Court of Cook county; the Hon. Lee W. Carrier, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    Brown, Alschuler & Reagh, for plaintiff in error.
    Mather, Hutson & Traeger, for defendant in error.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Hibernian Banking Association v. Chicago Title & Trust Company et al. Arthur R. Jones, plaintiff in error, v. Frank M. McKey, receiver, defendant in error.
    Gen. No. 29,150.
    Receivership on foreclosure proceedings. Order authorizing payment to receiver’s solicitor. Error to the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Reversed and remanded on opinion in Gen. No. 28,851, ante, p. 642.
    Opinion filed April 29, 1925.
    Rehearing denied May 21, 1925.
    David K. Tone, for plaintiff in error.
    Church, Haft & Robertson, for defendant in error.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice O ’Connor

text:
    Arthur W. Dickinson and Charlotte M. Dickinson, defendants in error, v. Henry Meinshausen and Mary S. W. Meinshausen, plaintiffs in error.
    Gen. No. 29,164.
    Arbitration on claim of vendor’s lien. Award for complainants. Error to the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 29, 1925.
    Rehearing denied May 14, 1925.
    C. Oscar Carlson, for plaintiffs in error.
    Einar C. Howard, for defendants in error.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Harry Sklar, appellee, v. Hydrox Company, appellant.
    Gen. No. 29,175.
    Action to recover damage to plaintiff’s automobile sustained in collision with defendant’s truck. 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 March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Gallagher, Kohlsaat, Rinaker & Wilkinson, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Jan Mihnak and Meri Mihnak, appellees, v. Frank Zuncic, appellant.
    Gen. No. 29,250.
    Motion to vacate judgment entered by confession and for leave to plead. Motion denied. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    William J. Dillon and H. W. Auw, for appellant.
    Claude F. Smith, for appellees.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice 0 ’Connor

text:
    Frank J. Smithie, appellee, v. Mack-International Motor Truck Corporation, appellant.
    Gen. No. 29,262.
    Action for use of plaintiff's truck and for damages thereto. Judgment for plaintiff; Appeal from the Municipal Court of Chicago; the Hon. Joel C. Pitch, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    Adams, Follansbee, Hawley & Shorey, for appellant; Clyde E.
    Shorey and Fred Barth, of counsel. Marshall E. Gallion, for appellee.
   Mr. Presiding Justice 0 ’Connor

delivered the opinion of the court.


text:
    Puritan Silks Corporation, appellee, v. Leon Freeman, appellant.
    Gen. No. 29,275.
    Suit to recover balance due for merchandise sold. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Samuel Kraus, for appellant.
    Vent & Warfield, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Mr. and Mrs. Louis Hodges, appellees, v. George W. Green, appellant.
    Gen. No. 29,294.
    Action to recover amount deposited with defendant for purchase of property. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Francis Rorrelli, Judge, presiding. Heard in the third division of this court for the first district at
    the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    C. Francis Stradford, for appellant.
    Folsom, Asay & Streeter, for appellees.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Louis Forster, appellee, v. S. Deiches & Company, appellant.
    Gen. No. 29,303.
    Action to recover premiums on life insurance policies agreed to be paid by defendant. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank E. Reed, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed.
    Opinion filed April 29, 1925.
    Fisehel & Kahn, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Herman A. Larson, appellee, v. Charles E. Doerr, appellant.
    Gen. No. 29,312.
    Action to recover damages sustained through negligence of defendant in driving his automobile against plaintiff’s and demolishing it. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Francis BorreUi, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Garrett, McKenna & Harris, for appellant.
    Alden, Latham & Young, for appellee.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Fred J. Dornseif, appellee, v. David Levi, appellant.
    Gen. No. 29,321.
    Action for slander. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 29, 1925.
    Rehearing denied May 13, 1925.
    Jacob G. Grossberg, for appellant.
    John E. Crahen, for appellee; Frank M. Padden, of counsel.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Morris Lipschultz, appellant, v. Security Trust & Deposit Company, appellee.
    Gen. No. 29,330.
    Assumpsit to recover for money and jewelry lost through negligence of the defendant. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    Rehearing denied May 13, 1925.
    Pearl M. Hart and Edwin Terwilliger, Jr., for appellant.
    Warren B. Wilson, for appellee; Alvin B. Stein, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    H. H. Krueger and Charles H. Nowack, trading as Advertising Metal Display Company, appellees, v. John Reiner, trading as Reiner Specialty Manufacturing Company, appellant.
    Gen. No. 29,341.
    Action to recover balance due on purchase price of merchandise. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Sehulman, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    William T. Pridmore, for appellant; George H. Molían, of counsel.
    Moss & King, for appellees.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Motor Car Securities Corporation, appellee, v. C. A. Miller, appellant.
    Gen. No. 29,352.
    Motion to vacate judgment by confession and for leave to defend. Motion denied. Appeal from the Municipal Court of Chicago; the Hon. John A. Bugee, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    M. L. Carmody, for appellant. E. I. Rothbart, for appellee.
    Seymour M. Lewis, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Clara E. Bardwell, appellee, v. Citizens Trust & Savings Bank, appellant.
    Gen. No. 29,361.
    Suit to recover value of jewelry delivered to defendant for safekeeping. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joel C. Pitch, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Bulkley, More & Tallmadge, for appellant.
    Edward L. England, for appellee; James T. Pales, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    M. Lapidus et al., trading as M. Lapidus & Sons, appellees, v. Western Warehousing Company, appellant.
    Gen. No. 29,373.
    Action to recover value of potatoes stored in defendant’s warehouse and frozen. Judgment for plaintiffs. Appeal from the Superior Court of Cook county; the Hon. Jacob H. Hopkins, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    Rehearing denied May 13, 1925.
    Loeseh, Scofield, Loeseh & Richards, for appellant.
    Joseph M. Connery and Sinden & Hassell, for appellees.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Sarah V. Deynzer, appellee, v. Arthur O. Mortimer, appellant.
    Gen. No. 29,403.
    Action to recover rent due on lease. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Rehearing denied May 13, 1925.
    Edward G. Berglund and Harold D. Huszagh, for appellant.
    Davidson & Peterson, for appellee; I. Karl Davidson and Thomas B. Brown, of counsel.
   Mr. Presiding Justice O ’Connor

delivered the opinion of the court.


text:
    Harriet Herrick, appellant, v. Robert Herrick, appellee.
    Gen. No. 29,563.
    Suit for divorce. Petition by defendant for specific performance by trustee under supplemental agreement. Order entered as prayed. 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. Reversed on opinion in Herrick v. Herriok, 236 Ill. App. 478.
    Opinion filed April 29, 1925.
    Montgomery Hart & Smith, for appellant.
    John P. Cashen, Jr., for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Taylor

text:
    Joseph Zbetovsky, plaintiff in error, v. Anton Doupnik, defendant in error.
    Gen. No. 28,353.
    Motion to set aside dismissal of cause and judgment for costs. Motion denied. Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    Carlton S. Badger, for plaintiff in error.
    Stanley Vesely, for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Charles E. Dellenbarger, by Fred E. Hummel, trustee in bankruptcy, appellee, v. Robert S. Nahin et al., on appeal of Sara Shatz, appellant.
    Gen. No. 29,247.
    Bill for an accounting. Decree for complainant. 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 March term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 29, 1925.
    Laurence M. Fine and Robert D. Meliek, for appellant.
    Moses, Rosenthal & Kennedy, for appellee; Robert Baehraeh and I. E. Ferguson, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Lewis-Simas-Jones Company, appellee, v. Peter Peerbolte, appellant.
    Gen. No. 29,273.
    Action on promissory notes. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    Rathje, Wesemann, Hinckley & Barnard, for appellant.
    Ela, Grover & March and Justin K. Orvis, for appellee; Justin K. Orvis and Benjamin F. March, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Theodore Aaron, Inc., a corporation, appellee, v. Maurice Cohen, appellant.
    Gen. No. 29,300.
    Action to recover for merchandise sold. Judgment for 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 March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Rehearing denied May 14, 1925.
    Henry G. Pernease, for appellant.
    Cassels, Potter & Bentley, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Presiding Justice Taylor

text:
    Leo Resman, appellee, v. Max Tauber Sons Absopure Ice Cream Company, appellant.
    Gen. No. 29,309.
    Action to recover damages growing out of collision between plaintiff’s automobile and defendant’s motor truck. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Francis Borrelli, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.

      Joseph. O. MeKiernan, for appellant.
    William C. McHenry, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Chic-Mint Gum Company, appellee, v. Hecht Nielsen, appellant.
    Gen. No. 29,327.
    Action to recover balance due for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    Meyer Shapiro, for appellant.
    Moss & King, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Chicago Title & Trust Company, trustee, appellee, v. Charles F. Hellgren et al., on appeal of Isabella Curran, appellant.
    Gen. No. 29,370.
    Bill to foreclose a trust deed. Decree for foreclosure. Apneal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Rehearing denied May 14, 1925.
    William A. Rogan, for appellant.
    William J. Pringle and Edwin Terwilliger, Jr., for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Brazil Stamping & Manufacturing Company, appellee, v. Practical Die & Specialty Manufacturing Company, appellant.
    Gen. No. 29,398.
    Suit in replevin. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Joel 0. Carlson, for appellant.
    Bernstein, Zoila & Bernstein, for appellee; Fred Bernstein, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Justice Thomson

text:
    The United States Asphalt Refining Company, defendant in error, v. Henry G. Goelitz, plaintiff in error.
    Gen. No. 29,154.
    Suit to recover purchase price of merchandise sold. Judgment for plaintiff. Error to the Circuit Court of Cook county; the Hon. Claire C. Edwards, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    George E. Woods, for plaintiff in error; Roy S. Gaskill, of counsel.
    Newman, Poppenhusen, Stern & Johnston, for defendant in error; Edward R. Johnston, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    George E. Jenner and Florence J. Jenner, appellees, v. A. J. Schorsch and Mary C. Schorsch, appellants.
    Gen. No. 29,168.
    Action to recover balance claimed to be due on rescission of contract for the purchase of real property. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed.
    Opinion filed April 29, 1925.
    Theodore Johnson, for appellants.
    Harold L. Feigenholtz, for appellees.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Thaddeus Morawski, defendant in error, v. V. Seng Teaming Company, plaintiff in error.
    Gen. No. 29,178.
    Action to recover damages for personal injuries sustained in being run over by defendant’s truck. Judgment for plaintiff. 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. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 29, 1925.
    Alfred Roy Hulbert, for plaintiff in error.
    James L. Bynum and Joseph Mall, for defendant in error; James L. Bynum, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    James C. Davis, director general of railroads, appellee, v. Edward P. McKenna and Luther S. Dickey, Jr., copartners, trading as McKenna & Dickey, appellants.
    Gen. No. 29,189.
    Consolidated 'for hearing with Gen. Ho. 29,188 (236 Ill. App. 575) involving same facts and issues. Appeal from the Municipal Court of Chicago; the Hon. J. Fred Gilster, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded on opinion filed in 236 Ill. App. 575.
    Opinion filed April 29, 1925.
    Jeffery, Campbell & Clark, for appellants; James Clark Jeffery and Stephen O. Gross, of counsel.
    Winston, Strawn & Shaw, for appellee; Silas H. Strawn and Frank H. Towner, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Emery Thompson Machine & Supply Company, appellee, v. Illinois Hydrox Company, formerly Hydrox Company, appellant.
    Gen. No. 29,211.
    Action to recover balance due for merchandise sold. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry Olson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Alfred E. MeCordie and Dent, Dobyns & Freeman, for
    appellant.
    D’Ancona & Pflaum, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    William E. McReynolds and Frederick C. Hunter, appellees, v. Henry Meinshausen et al., on appeal of Henry Meinshausen and Mary S. W. Meinshausen, appellants.
    Gen. No. 29,214.
    Creditor’s bill. Judgment for complainants. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 29, 1925.
    Rehearing denied May 13, 1925.
    C. Oscar Carlson, for appellants.
    Earl J. Walker, for appellees.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    John S. Garrity, appellee, v. John W. Ford, Jr., and C. P. Bellock, trading as Ford, Bellock & Company, and Bernard G. Blanchard, appellants.
    Gen. No. 29,217.
    Action to recover money paid on contract for purchase of real estate. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1624.
    Reversed and remanded.
    Opinion filed April 29, 1925.
    James B. MeKeon, for appellants Ford, Bellock & Co. Delbert A. Clithero, for appellant Bernard G. Blanchard.
    O’Brien, Rutledge & Hayes, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Robert B. Clark, appellant, v. Louis Donovon and R. B. Stallworth. R. B. Stallworth, appellee.
    Gen. No. 29,226.
    Action to recover for services rendered to the defendants in connection with proposed purchase of real estate. Judgment against plaintiff for costs. Appeal from the Municipal Court of Chicago; the Hon. Peter H. Sehwaba, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Marshall E. Gallion, for appellant.
    William E. Rafferty, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Kate Bruckman, appellee, v. Sam Samson et al., on appeal of Ida Samson, appellant.
    Gen. No. 29,244.
    Bill for partition. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Albert Sabath, for appellant.
    Landfield & Levin, for appellee; I. Archer Levin, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Feliks Wanatowicz, appellee, v. Stanislaw G. Milewski and Anastazya Milewski. Stanislaw G. Milewski, appellant.
    Gen. No. 29,281.
    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 third division of this court for the first district at the March term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed April 29, 1925.
    Jacob Levy, for appellant.
    Daniel L. Madden, for appellee; Roy C. Merrick, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Walter Zimmerman, appellee, v. Jake Goldstein and A. Becker, appellants.
    Gen. No. 29,297.
    Action on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed April 29, 1925.

      Edward E. Contarsy, for appellants.
    Samuel L. Cohen, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    De Forest Bowman, appellee, v. John Negrescou, appellant.
    Gen. No. 29,336.
    Action to recover instalment on note given for premium on insurance policy. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Lee W. Carrier, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    O’Brien, Rutledge & Hayes, for appellant; David J. A. Hayes, of counsel.
    T. P. MeClory, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Frank Simon, appellant, v. Frank K. Reilly, trading as Frank K. Reilly & Company, appellee.
    Gen. No. 29,367.
    Action in trover to recover value of bonds alleged to have been converted by the defendant. Judgment for plaintiff for one cent damages. Appeal from the Municipal Court of Chicago; the Hon. Wells M. Cook, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Reversed and judgment here.
    Opinion filed April 29, 1925.
    Rehearing denied May 13, 1925.
    Freeman, Mason & Igoe, for appellant.
    K. B. Czarneeki, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Fort Dearborn Furniture Company, appellee, v. Gallipolis Furniture Manufacturing Company, appellant.
    Gen. No. 29,376.
    Action on promissory notes. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fisher, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed April 29, 1925.
    Stebbins, Garey, L ’Amoreaux & Hurtubise, for appellant.
    Isaac B. Lipson and Joseph A. Golde, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Deree & Company, defendant in error, v. Louis G. Neiman et al., plaintiffs in error.
    Gen. No. 29,201.
    Judgment for plaintiffs on verdict. Error to the Municipal Court of Chicago; the Hon. William R. Fetzer, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1924.
    Affirmed for lack of bill of exceptions.
    Opinion filed May 11, 1925.
    L. A. Sherwin, for plaintiffs in error.
    No appearance for defendant in error.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Carl Ehrhardt, appellee, v. Frederick W. Proudfoot, appellant.
    Gen. No. 29,286.
    Action for breach of contract. Judgment for plaintiff.
    Appeal from the Superior Court of Cook county; the Hon. Harry C. Stuttle, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Guy H. Powell, for appellant.
    Cloyes, Klingler & Brosius, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Central Bond & Mortgage Company, plaintiff in error, v. John Roeser, defendant in error.
    Gen. No. 29,456.
    Motion to vacate and set aside a judgment. Motion granted. Error to the Municipal Court of Chicago; the Hon. Daniel P. Trade, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Rehearing denied May 25; 1925.
    Stebbins, Garey, L ’Amoreaux & Hurtubise, for plaintiff in error; Earl James Garey, of counsel.
    Joseph G. Sheldon, for defendant in error.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Simon P. Merriweather, appellee, v. National Life Insurance Company of United States of America, appellant.
    Gen. No. 29,498.
    Action to recover indemnity under accident insurance policy. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. George Fred Rush, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed May 11, 1925.
    Rehearing denied May 25, 1925.
    Norman A. Nelson, for appellant; J. B. Boyer, of counsel.
    Chit-tick, Blankenship & Baltz, for appellee; C. L. Blankenship, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Bank of United States, appellee, v. B. Munves, appellant.
    Gen. No. 29,576.
    Action in conversion. Judgment for plaintiff. 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.
    Reversed.
    Opinion filed May 11, 1925.
    Julius N. Heldman and William E. Rafferty, for appellant.
    Sehoenbrod & Rosengard, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Irving G. Zazove, appellee, v. The American Law Book Company of New York, appellant.
    Gen. No. 29,586.
    Attachment proceeding. . Judgment for plaintiff. Appeal from 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 October term, 1924.
    Reversed.
    Opinion filed May 11, 1925.
    Pennish & Rashbaum, for appellant; F. D. Shobe, of counsel.
    No appearance for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Great Western Smelting & Refining Company, appellee, v. O’Malley-Beare Valve Company, appellant.
    Gen. No. 29,598.
    Action for breach of contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, 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 May 11, 1925.
    Rehearing denied May 25, 1925.
    Wegg & Wegg, Ernest A. Baughman and Benjamin Wham, for appellant.
    Eastman, White & Hawxhurst, for appellee; Homer C. Dawson, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    John Hanson, trading as John Hanson & Company, appellee, v. Anna Behrens, appellant.
    Gen. No. 29,614.
    Action on written guaranty. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William L. Morgan, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Rehearing denied May 25, 1925.
    R. W. Vanier, for appellant.
    William A. Either, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    J. Koven and Doris Koven, trading as J. Koven & Company, appellees, v. Superior Crib & Novelty Company, appellant.
    Gen. No. 29,624.
    Motion to vacate judgment entered by default. Motion denied. Appeal from the Municipal Court of Chicago; the Hon. Philip J. Finnegan, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1924.
    Reversed and remanded.
    Opinion filed May 11, 1925.
    Rehearing denied May 25, 1925.
    Vincent G. Gallagher and Shulman, Shulman & Abrams, for appellant.
    No appearance for appellees.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Benjamin Sullivan, appellee, v. Charles Ross & Company, appellant.
    Gen. No. 29,648.
    Action of forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Simon T. Sutton, for appellant; Harry A. Goldsmith, of counsel.
    Jose Ward Hoover, for appellee; George B. Cohen and Frank Moland, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Theresa Weisse, appellee, v. Mary Fitzgerald et al., appellants.
    Gen. No. 29,657.
    Suit to foreclose trust deed. Decree for foreclosure. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, 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 May 11, 1925.
    W. P. Quinby, for appellants.
    No appearance for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Max Goodman, appellant, v. Jack Kopeyka, appellee.
    Gen. No. 29,757.
    Action of forcible detainer. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Opinion filed May 11, 1925.
    Morris Schaeffer, for appellant.
    Rosenberg, Cohen & Zimmerman, for appellee; Austin L. Wyman, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    James F. Stepina et al., appellees, v. Charles P. R. Macaulay et al., defendants. Charles P. R. Macaulay, appellant.
    Gen. No. 29,766.
    Order confirming report of master in chancery of sale of real estate pursuant to decree of court. Appeal from 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 October term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed May 11, 1925.
    Walter B. Prendergast, for appellant.
    Wyman, Hopkins, MeKeever & Colbert, for appellees; Vincent D. Wyman and Austin L. Wyman, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Harper & Kirschten Shoe Company, appellee, v. Harry Bows and Mildred Karpen Bows, on appeal by Mildred Karpen Bows, appellant.
    Gen. No. 29,781.
    Action on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John J. Rooney, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    M. M. Jacobs, for appellant.
    J. J. Moser, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Motor Car Securities Corporation, appellee, v. John Bagdonas, appellant.
    Gen. No. 29,809.
    Action for conversion of automobile. Judgment for plaintiff. Appeal from 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 October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Rehearing denied May 25, 1925.
    Harold O. Mulks, for appellant.
    Edward I. Rothbart, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Jerome L. Green, appellee, v. Foreman & Clark, a corporation, appellant.
    Gen. No. 29,848.
    Action to recover for services as clothing salesman. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John J. Lupe, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Rehearing denied May 25, 1925.
    Urion, Drueker, Reichmann & Boutell, for appellant.
    Frank & Rosenfeld, for appeEee.
   Mr. Justice Johnston

deUvered the opinion of the court.


text:
    Harry Verbeek, appellant, v. B. H. Wolff, appellee.
    Gen. No. 29,861.
    Appeal from the Municipal Court of Chicago; the Hon. WiEiam E. Viner, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed in absence of biE of exceptions.
    Opinion filed May 11, 1925.
    Perel & Golan, for appeEant.
    Church, Haft & Robertson and Daniel Gombiner, for appeEee.
   Mr. Justice Johnston

deEvered the opinion of the court.


text:
    Briell-Rodgers Cotton Goods Company, appellant, v. F. Lewald & Company, appellee.
    Gen. No. 29,551.
    Action for price of goods sold. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed and remanded.
    Johnston, J., dissenting.
    Opinion filed May 11, 1925.
    Van Matt a & King, for appeEant.
    Urion, Drueker, Reichmann & Boutell, for appeEee.
   Mr. Justice Matehett

deEvered the opinion of the court.


text:
    Charles A. Strand, appellee, v. Eric J. Strand, appellant.
    Gen. No. 29,618.
    Action for an accounting. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, 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 May 11, 1925.
    Rehearing denied May 25, 1925.
    Samuel M. Booth and Charles Turner Brown, for appeEant.
    Harry A. Biossot, for appeEee.
   Mr. Justice Matehett

deEvered the opinion of the court.


text:
    Lillian Lloyd, appellee, v. Harry G. Lloyd, appellant.
    Gen. No. 29,760.
    Action for divorce. Decree for plaintiff and order for payment of aEmony. Defendant committed for failure to make payment. Appeal from the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Rehearing denied May 25, 1925.
    John D. Farrell, for appellant.
    G. Edwin Mitchell and John G. E. Puerkel, for appeEee; James L. Bynum, of counsel.
   Mr. Justice Matehett

deEvered the opinion of the court.


text:
    Lucretia L. Peterson, appellee, v. J. F. Long, appellant.
    Gen. No. 29,815.
    Action for personal injury sustained in an automobile collision. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Affirmed.
    Opinion filed May 11, 1925.
    Thomas J. Hickey, for appellant.
    Elmer J. Sehnackenberg, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    A. E. Schmalz and D. Burrows, trading as Burrows & Company, appellees, v. Commercial Casualty Insurance Company, appellant.
    Gen. No. 29,833.
    Suit on insurance policy indemnifying plaintiffs against liability under the Workmen’s Compensation Act. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed.
    Opinion filed May 11, 1925.
    J. A. Bloomingston and J. A. Tracy, for appellant.
    No appearance for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Elkin Ginsburg, appellee, v. Bull Dog Auto Fire Insurance Association of Chicago, appellant.
    Gen. No. 29,894.
    Suit on policy of insurance against loss of automobile by theft. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.
    Reversed.
    Opinion filed May 11, 1925.
    Rehearing denied May 25, 1925.
    Louis J. Behan and William J. Corrigan, for appellant.
    Abraham Lepine, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Presiding Justice

text:
    Second District.
    The People of the State of Illinois, defendant in error, v. August Beernaert, plaintiff in error.
    Gen. No. 7,311.
    Prosecution under state prohibition act. Defendant convicted. Error to the County Court of Rock Island county; the Hon. Daniel A. Hebei, Judge, presiding. Heard in this court at the April term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    Francis C. King, for plaintiff in error.
    Benjamin S. Bell, State’s Attorney, and Edward L. Eagle, Assistant State’s Attorney, for defendant in error.
   Mr. Presiding Justice

Jett delivered the opinion of the court.


author: Mr. Presiding Justice Jett

text:
    Oscar W. Schneider, appellant, v. Otto Neubert et al., appellees.
    Gen. No. 7,347.
    Suit on contract. Judgment for defendants. Appeal from the Circuit Court of Henry county; the Hon. C. J. Searle, Judge, presiding. Heard in this court at the April term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    Sturtz & Ewan, for appellant.
    Thomas J. Welch and Andrews & O’Connor, for appellees.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    W. H. Lowe, appellee, v. M. Huber, appellant.
    Gen. No. 7,389.
    Suit on contract of employment. Judgment for plaintiff. Appeal from the Circuit Court of Kankakee county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the October term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 27, 1925.
    Alex J. Powell and Werner H. Sommers, for appellant.
    H. H. Wheeler and Miller & Streeter, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    David R. Forgan et al., plaintiffs in error, v. William H. Leithner et al., defendants in error.
    Gen. No. 7,400.
    Suit on promissory notes. Judgment for defendants. Error to the Circuit Court of Rock Island county; the Hon. Charles J. Searle, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    Connelly, Weld, Walker & Searle, for plaintiffs in error.
    Joseph P. Kelly and Harry M. McCaskrin, for defendants in error.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Martha Welliver, appellee, v. A. F. Cashmore, appellant.
    Gen. No. 7,409.
    Action for breach of contract. Judgment for plaintiff. Appeal from the Circuit Court of McHenry county; the Hon. E. D. ShurtlefE, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    J. F. Oasey, for appellant. V. S. Lumley, for appellee.
   Mr. Presiding Justice

Jett delivered the opinion of the court.


text:
    W. H. Rodgers, appellee, v. Kipp’s Express & Van Company, appellant.
    Gen. No. 7,412.
    Action for damage to plaintiff’s ear in collision with defendant’s truck. Judgment for plaintiff. Appeal from the Circuit Court of Kankakee county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    H. H. Whittemore, for appellant.
    Robillard & Henry, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Alice Watson, appellant, v. George LaFollette and J. H. Savage, appellees.
    Gen. No. 7,415.
    Action for false imprisonment. Judgment for defendants. Appeal from the Circuit Court of Peoria county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    Rehearing denied April 28, 1925.
    Joseph Storey, Charles C. Dickman and Henry J. Ingram, for appellant.
    Seholes & Pratt, for appellees.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Ellen Callahan, appellant, v. E. J. Welter, sheriff of La Salle county, appellee.
    Gen. No. 7,423.
    Replevin to recover personal property levied upon by- defendant sheriff. Judgment for the defendant. 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 March 27, 1925.
    Rehearing denied April 29, 1925.
    W. A. Panneek, for appellant.
    Arthur H. Shay and J. E. Malone, Jr., for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Eugene Brown and Deloss Brown, trading as Brown Brothers, appellees, v. Hajo H. Block, appellant.
    Gen. No. 7,426.
    Assumpsit to recover commission on sale of real estate. Judgment for plaintiffs. 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.
    Tichenor, Todd, Wilson & Barnett, for appellees.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


text:
    Arthur Johnson, appellee, v. Clarence M. Bills, appellant.
    Gen. No. 7,434.
    Assumpsit for breach of contract. Judgment for plaintiff. Appeal from the Circuit Court of Henry county; the Hon. William T. Church, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    Bartlett S. Gray, for appellant.
    Andrews & O’Connor, for appellee.
   Mr. Presiding Justice Jett

delivered the opinion of the court.


author: Mr. Justice Jones

text:
    Mark T. Welch, administrator of the estate of Susie C. Dunn, deceased, appellee, v. Public Service Company of Northern Illinois, appellant.
    Gen. No. 7,276.
    Action to recover for wrongful death. Judgment for plaintiff. Appeal from the Circuit Court of Grundy county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the April term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    Rehearing denied April 28, 1925.
    Edgar B. Elder and H. B. Smith, for appellant.
    No appearance for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Gregoir Carpentier and E. J. Carpentier, plaintiffs in error.
    Gen. No. 7,314.
    Prosecution for violation of liquor law. Defendants convicted. Error to the County Court of Rock Island county; the Hon. David A. Hebei, Judge, presiding. Heard in this court at the April term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    Fred H. Railsbaek, for plaintiffs in error. Benjamin S. Bell,
    State’s Attorney, and Edward L. Eagle, Assistant State’s Attorney, for defendant in error.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Village of Downers Grove, appellee, v. Jacob Glos, appellant.
    Gen. No. 7,323.
    Proceeding to foreclose for unpaid special assessments. Decree for foreclosure. Appeal from the Circuit Court of Du Page county; the Hon. William J. Fulton, Judge, presiding. Heard in this court at the April term, 1924.
    Decree approved.
    Opinion filed March 27, 1925.
    John R. O’Connor and Alben F. Bates, for appellant.
    A. B. Snow, C. D. Knight and A. R. Patton, for appellee; Samuel J. Howe, of counsel.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Anton Kristel, appellee, v. Michigan Central Railway Company, appellant.
    Gen. No. 7,342.
    Suit for personal injuries sustained by plaintiff when struck by defendant’s train. Judgment for plaintiff. Appeal from the Circuit Court of Will county; the Hon. Frederick A. Hill, Judge, presiding. Heard in this court at the April term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    Rehearing denied April 28, 1925.
    Donovan, Bray & Gray, for appellant; Winston, Strawn & Shaw, of counsel.
    Finn & Miller and C. Helmar Johnson, for appellee; Orr & Brumund, of counsel.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Marie Swartz, administratrix of the estate of George Swartz, deceased, appellee, v. Chicago & Northwestern Railway Company, appellant.
    Gen. No. 7,376.
    Action for wrongful death. Judgment for plaintiff. Appeal from the Circuit Court of Kane county; the Hon. William J. Pulton, Judge, presiding. Heard in this court at the April term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    John A. Russell and Nye P. Morehouse, for appellant; Nelson J.
    Wilcox, of counsel. Egan & Tobin and Peffers & Wing, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Abraham S. Berg et al., appellants, v. J. D. Annenberg et al., appellees.
    Gen. No. 7,380.
    Action for goods sold. Dismissed. Appeal from the City Court of Aurora; the Hon. Edward M. Mangan, Judge, presiding. Heard in this court at the October' term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    Pred B. Shearer, for appellants; Charles B. Dickerson, of counsel.
    Samuel J. Stephens, for appellees.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Champion Milling & Grain Company, appellant, v. F. J. Simater, appellee.
    Gen. No. 7,390.
    Suit for merchandise sold. Judgment for defendant. Appeal from the County Court of Woodford county; the Hon. W. H. Poster, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 27, 1925.
    Rehearing denied April 28, 1925.
    Port & Port, for appellant.
    Ernest J. Henderson and Kennedy & Kennedy, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Charles W. Helmig, appellant, v. Frank L. Dean, appellee.
    Gen. No. 7,398.
    Suit for commission on sale of real estate. Judgment for defendant. Appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed March 27, 1925.
    Rehearing denied April 28, 1925.
    Butters & Butters, for appellant.
    Kelly, Kelly & Kelly, for appellee.
   Mr. Justice Jones

delivered the opinion of the court.


text:
    Third District.
    Willis McGrew, defendant in error, v. William W. Wheelock and William G. Bierd, receivers of Chicago & Alton Railroad Company, plaintiffs in error.
    Gen. No. 7,778.
    Action for personal' injuries sustained in collision with train. Judgment for plaintiff. Error to the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1924. Opinion modified and refiled April 7, 1925.
    Reversed with finding of fact.
    Opinion filed December 31, 1924.
    Rehearing denied June 17, 1925.
    William L. Patton and Silas H. Strawn, for plaintiffs in error.
    Pain & Baker and L. E. Stone, for defendant in error; L. E. Stone, of counsel.
   Mr. Presiding Justice

Shurtleff delivered the opinion of the court.


author: Mr. Presiding Justice Shurtleff

text:
    Carl H. Elshoff, appellant, v. Thomas F. Murray et al., appellees.
    Gen. No. 7,762.
    Appeal from the Circuit Court of Sangamon county; the Hon. Frank W. Burton, Judge, presiding. Heard in this court at the October term, 1924. Appeal dismissed for reasons stated in Elshoff v. Murray, 235 Ill. App. 488.
    Opinion filed March 6, 1925.

      Certiorari denied by Supreme Court (making opinion final).
    John G. Priedmeyer, Winston, Strawn & Shaw and A. M. Fitzgerald, for appellant.
    Soelke & Johnson and George W. Kenney, for appellees.
   Mr. Presiding Justice Shurtleff

delivered the opinion of the court.


text:
    R. J. Steven, appellee, v. The Combination Fountain Company, appellant.
    Gen. No. 7,790.
    Action for deceit. Judgment for plaintiff. Appeal from the Circuit Court of Macon county; the Hon. James S. Baldwin, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    Certiorari denied by Supreme Court (making opinion final).
    Vail, Pogue & Allen, for appellant.
    Wiley & Morey, for appellee.
   Mr. Presiding Justice Shurtleff

delivered the opinion of the court.


text:
    Easton Farmers Grain Company, appellant, v. Fernandes Grain Company, appellee.
    Gen. No. 7,811.
    Action to recover losses in grain futures. Judgment for defendant. Appeal from the Circuit Court of Sangamon county; the Hon. Prank W. Burton, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    W. St. J. Wines and Stevens & Herndon, for appellant.
    Harlington Wood, Sampson & Giffin and Hugh J. Graham, for appellee.
   Mr. Presiding Justice Shurtleff

delivered the opinion of the court.


text:
    Jerseyville Motor Company, appellant, v. Jerseyville Nursery, appellee.
    Gen. No. 7,815.
    Assumpsit to recover value of motor truck. Judgment for defendant. Appeal from the Circuit Court of Jersey county; -the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    Hamilton & Cross, for appellant.
    Chapman & Du Hadway, for appellee.
   Mr. Presiding Justice Shurtleff

delivered the opinion of the court.


text:
    Frank Whittington, appellee, v. J. E. Myers, appellant.
    Gen. No. 7,820.
    Bill to enjoin contamination of streams. Decree for plaintiff. Appeal from the Circuit Court of Shelby county; the Hon. F. B. Dove, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    Ward & Pugh, for appellant.
    T. E. Ames and George D. Chafee, for appellee.
   Mr. Presiding Justice Shurtleff

delivered the opinion of the court.


author: Mr. Justice Crow

text:
    State Trust & Savings Bank, appellee, v. W. N. Van Matre, Jr., and T. M. Ellis, Jr., appellants.
    Gen. No. 7,773.
    Motion to vacate a judgment by confession. Denied. Appeal from the City Court of Mattoon; the Hon. Isaac B. Craig, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    Emery Andrews and Baymond G. Beal, for appellants; Fisher, North, Linseott & Gibboney, of counsel.
    Bryan H. Tivnen, for appellee; Thomas B. Figenbaum and Carus S. Ieenogle, of counsel.
   Mr. Justice Crow

delivered the opinion of the court.


text:
    J. A. Morton, appellee, v. Phillipo DiCenso and Theresa DiCenso, appellants. Charles G. Wineteer, appellee.
    Gen. No. 7,797.
    Suit to foreclose mortgage. Decree for defendant and cross-complainant. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    Bobert H. Patton, for appellants.
    Edward F. Irwin, Adolph F. Bernard and Clayton J. Barber, for appellee.
   Mr. Justice Crow

delivered the opinion of the court.


text:
    James A. Skillman and Cleon F. Skillman, appellants, v. Modern Woodmen of America, appellee.
    Gen. No. 7,807.
    Suit by beneficiaries under fraternal benefit certificate. Judgment for defendant. Appeal from the Circuit Court of McLean county; the Hon. Edward Barry, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    D. D. Donohue, for appellants.
    Truman Plants, Geo. H. Davis and W. W. Whitmore, for appellee.
   Mr. Justice Crow

delivered the opinion of the court.


author: Mr. Justice Niehaus

text:
    Johanna Gallivan and Gerald J. Gallivan, executors of last will and testament of Thomas J. Gallivan, deceased, appellees, v. Chester & O’Byrne Transfer Company, appellant.
    Gen. No. 7,772.
    Action for personal injuries sustained, in collision with taxicab. Judgment for plaintiffs. Appeal from the Circuit Court of Champaign county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed March 6, 1925.
    Dobbins & Dobbins and Gallagher, Kohlsaat, Rinaker & Wilkinson, for appellant.
    F. M. Green and Oris Barth, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Belle La Fountain, administratrix, and William La Fountain, administrator of the estate of Louis La Fountain, deceased, appellees, v. Lake Erie & Western Railroad Company, appellant.
    Gen. No. 7,785.
    Action to recover damages for wrongful death. Judgment for plaintiffs. Appeal from the Circuit Court of Ford county; the Hon. Stevens R. Baker, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed March 6, 1925.
    F. M. Thompson, for appellant.
    Schneider & Schneider, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Kewanee Securities Company, appellee, v. Augusta M. Glawe and Elmer H. Glawe, appellants.
    Gen. No. 7,791.
    Motion to open judgment by confession and for leave to plead defense. Motion denied. Appeal from the Circuit Court of Macon county; the Hon. James S. Baldwin, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded with directions.
    Opinion filed March 6, 1925.
    Edward M. Burst, Thomas M. Cliffe, W. K. Whitfield, Jesse L. Deck and W. Thomas Coleman, for appellants.
    Wiley & Morey, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    W. W. Watts et al., appellees, v. The Moving Picture Machine Operators, etc., et al., appellants.
    Gen. No. 7,796.
    Bill to enjoin picketing of moving picture theater. Decree for complainants. Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. Heard in this court at the October term, 1924. Certiorari denied by Supreme Court (making opinion final).
    Affirmed.
    Opinion filed March 6, 1925.
    A. W. Kerr and Robert H. Patton, for appellants.
    William L. Patton and Barber & Barber, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    H. A. Kohler et al., appellants, v. George Boomgarden, appellee.
    Gen. No. 7,812.
    Action on promissory notes. Judgment for defendant. Appeal from the Circuit Court of Ford county; the Hon. Frank Bindley, Judge, presiding. Heard in this court at the October term, 1924.
    Reversed and remanded.
    Opinion filed March 6, 1925.
    M. H. Scott and F. M. Thompson, for appellants.
    Schneider & Schneider, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Luther J. Hall, appellee, v. Edward F. Campbell, administrator of the estate of Horace Barnett, deceased, appellant.
    Gen. No. 7,733.
    Suit on promissory note. Judgment for plaintiff. Appeal from the Circuit Court of DeWitt county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed April 11, 1925.

      Certiorari denied by Supreme Court (making opinion final).
    Herrick & Herrick, for appellant.
    F. K. Lemon and L. O. Williams, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. David Norris, highway com’r of Kinderhook Township, etc., and Frank Saxbury, highway com’r of Cincinnati Township, etc., appellants, v. James C. Gay et al., commissioners of Sny Island Levee Drainage District, etc., appellees.
    Gen. No. 7,782.
    Mandamus to compel drainage commissioners to rebuild and reconstruct highway bridge. Decree for petitioners. Appeal from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed April 11, 1925.
    Williams & Williams, for appellants.
    Paul P. Grote, for appellees; William and Barry Mumford, of counsel.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    In the matter of the estate of John Paul, deceased.
    Gen. No. 7,794.
    Petition for probate of will. Petition granted. Appeal from the Circuit Court of McLean county; the Hon. Edward Barry, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed April 11, 1925.

      Certiorari denied by Supreme Court (making opinion final).
    A. E. and R. C. De Mange, for appellant.
    Costigan & Wollrab, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Lee Tire & Rubber Company, appellant, v. John T. Brown and R. A. Balcom, trading as General Tire Company, appellees.
    Gen. No. 7,810.
    Suit to determine right to personal property levied upon under a judgment. Judgment for defendants. Appeal from the County Court of Sangamon county; the Hon. Eugene E. Bone, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed April 11, 1925.
    Sherman, Bainum & Bree, for appellant.
    B. L. Catron, for appellees.
   Mr. Justice Niehaus

delivered the opinion of the court.


text:
    Chester L. Blakeman, appellee, v. Illinois Power & Light Corporation, appellant.
    Gen. No. 7,817.
    Action for personal injuries sustained in collision of plaintiff’s automobile with defendant’s street car. Judgment for plaintiff. Appeal from the Circuit Court of Morgan county; the Hon. Harry C. Stuttle, Judge, presiding. Heard in this court at the October term, 1924.
    Affirmed.
    Opinion filed April 11, 1925.
    Bellatti, Bellatti & Moriarty, for appellant.
    Hugh P. Green and A. M. Fitzgerald, for appellee.
   Mr. Justice Niehaus

delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    The People of the State of Illinois, Defendant in Error, v. Max Masor, Plaintiff in Error.
    Gen. No. 29,443.
    1. Intoxicating liquobs — when information insufficient to sustain conviction of unlawful possession of intoxicating liquors. An information was insufficient to sustain a conviction, which charged that the defendant did unlawfully “have in his possession intoxicating liquors for beverage purposes without a permit, said intoxicating liquors not being intended for medicinal or sacramental purposes, in violation of section 3, Illinois Prohibition Act,” Cahill’s St. ch. 43, 1 3, as it did not negative all circumstances under which possession may be lawful and especially circumstances under which possession may be lawful without a permit.
    2. Intoxicating liquobs — insufficiency of information charging unlawful possession of intoxicating liquors. Where the only averment of fact in an information charging defendant with unlawful possession of intoxicating liquors, upon which the claim of unlawful possession was predicated, was the possession “for beverage purposes without a permit,” the information was insufficient, as it averred no fact, negative or otherwise, from which it might be inferred that the defendant’s possession of the liquor was not expressly authorized by section 40 of the Prohibition Act, Cahill’s St. ch. 43, T 41, for consumption or beverage purposes as therein provided, and for which no permit was required.
    Error by defendant to the Municipal Court of Chicago; the Hon. William E. Helandbb, 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.
    Brown & Alschuler, for plaintiff in error.
    Robert E. Crowe, State’s Attorney, for defendant in error; Henry T. Chace, Jr. and Edward E. Wilson, Asst. State’s Attorneys, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.

Plaintiff in error was convicted on an information charging him with unlawful possession of intoxicating liquors. The only ground urged for reversal of the judgment we need consider is, that the information states no offense against the law. It charges that plaintiff in error did, in the county of Cook and state of Hlinois, unlawfully “have in his possession intoxicating liquors for beverage purposes without a permit, said intoxicating liquors not being intended for medicinal or sacramental purposes, in violation of section 3, Illinois Prohibition Act [Cahill’s St. ch. 43, ¶ 3].7

It is a well-established principle that in criminal pleading the highest degree of certainty is always required. (Wilkinson v. People, 226 Ill. 135; People v. Berman, 316 Ill. 548, 551.) Tested by this rule it was held in the latter case that an indictment under said act was insufficient which charged that the defendant “not being authorized to possess intoxicating liquor in the manner provided by the Illinois Prohibition Act, did then and there possess intoxicating liquor with the intent to use the same in violation of the said Hlinois Prohibition Act, contrary to the form of the statute.” The gist of the decision is that said language averred conclusions of law and not facts, and that it is not permissible to leave a fact necessary to be inferred to be derived by inference from an allegation of a mere conclusion of law. (Gunning v. People, 189 Ill. 165.) No facts, therefore, can be inferred merely from the formal averments and legal conclusions in the present information of unlawful possession or that it was in violation of the statute. The word “unlawfully” adds nothing as a fact. It is a mere legal conclusion. (People v. Martin, 314 Ill. 110, 115.) The only averment of fact upon which the claim of unlawful possession is predicated is that the possession was “for beverage purposes without a permit.” While the main purpose of the act is to prevent the use of intoxicating liquor for beverage purposes, its possession and use as a beverage when lawfully acquired is not prohibited. Section 40 [Cahill’s St. ch. 43 ¶ 41] expressly provides:

“It shall not be unlawful to possess liquors in one’s private dwelling while the same is occupied and used by him as his dwelling only, provided such liquors were lawfully acquired and are for use only for the personal consumption of the owner thereof and his family residing in such dwelling, and of his bona fide guests when entertained by hrm therein.”
It was said in the Martin case, supra, that “the possession of liquor by any person is not made prima facie evidence that such liquor is unlawfully possessed.”

There being no averment of fact in the information, negative or otherwise, from which it may be inferred that defendant’s possession of liquor was not that expressly authorized by this section for consumption, or beverage purposes, as therein provided, and for which no permit is required, the information is insufficient to sustain the judgment, and the motion in arrest should have been granted.

Upholding this principle in cases prosecuted under said act the Supreme Court has recently said: “To charge a violation of the Prohibition Act it is essential that the indictment negative the exceptions contained in the act” (People v. Elias, 316 Ill. 376); that “An indictment or information under the Prohibition Act must show on its face that the possession * * * charged was a possession * * * prohibited by the act” (People v. Tate, 316 Ill. 52); that “A definite charge cannot be made under the Act without an allegation that the accused person is not within exceptions contained in the statute” (People v. Barnes, 314 Ill. 140).

"While the information in question negatived certain circumstances under which possession may be lawful when authorized by a permit, it did not negative all circumstances under which possession may be lawful, and especially circumstances under which possession may be lawful without a permit. It becomes necessary, therefore, under the principles stated, to reverse the judgment.

Reversed.

Gridley and Fitch, JJ., concur.


text:
    David Revell, Administrator of the Estate of Karl Henry Bernholdt, Deceased, Appellee, v. Illinois Merchants Trust Company et al., on appeal of Illinois Merchants Trust Company, Conservator of the Estate of S. T. Butler, Insane, Appellant.
    Gen. No. 29,562.
    1. Death bt wrongful act — landlord not liable for breach of covenant to furnish heat. The failure of a lessor to furnish steam heat for an apartment, according to the terms of his covenant, whereby the tenant contracted pneumonia and died, is not an actionable tort within the statute giving a right of action for wrongful death.
    2. Landlord and tenant — what amounts to reservation of part of premises in lease of apartment building. Leasing an apartment building, described as a “building” at a certain street and number, the- “premises consisting of” certain apartments, does not reserve to the lessor control of the basement of the building and the heating plant, where another provision of the lease required the lessee to take the building subject to all apartment leases and to assume the lessor’s agreements and covenants in them and to furnish heat, especially where the apartment lessees attorned to the building lessee to whom they paid rent and looked for proper heating.
    3. Landlord and tenant — legal duties based on relationship cease by attornment. The duties of a landlord to tenants of an apartment, based on that relationship, cease by a lease of the entire building and a complete attornment to the building lessee, and only the contractual duties of the original landlord remain.
    Appeal by defendant 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.
    Reversed.
    Opinion filed July 14, 1925.
    Burry, Johnstone & Peters, for appellant; Arthur Dixon, of counsel.
    Beach & Beach, for appellee; Raymond W. Beach, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.

This is an action ex delicto brought under the death statute, in which there was a verdict and judgment for $10,000 against appellant and Laura McIntosh. The latter did not perfect an appeal.

Appellant was substituted as conservator for S. T. Butler, an original defendant, who owned an apartment building known and described as No. 4012 Sheridan road, in the City of Chicago, which contained several apartments, one of which he leased for the period from July 15, 1919, to September 30, 1920, to one Bomholdt, deceased, for the benefit oS whose widow and next of kin this suit was brought. By that lease Butler covenanted to supply from October 1 to May 1 the steam for heating said apartment.

After Bomholdt took possession, and while occupying said apartment, Butler leased and before the commission of the wrong or negligence complained of turned over possession of said apartment building, including the apartment occupied by said Bornholdt, to said Laura McIntosh, after which Bornholdt attorned to her and paid her the rent.

The declaration, which is in one count, is predicated upon these undisputed facts and charges negligence on the part of both defendants in violating the provision in said lease requiring them to supply steam for heating said apartment, and that as a direct result thereof said Bornholdt contracted pneumonia of which he died.

A demurrer to the declaration was overruled, and the plea of general issue was filed. The proof also as to the relation of the several parties is as above stated, and has no legitimate tendency to show otherwise.

Appellant moved at the close of all the evidence for a directed verdict. We think it should have been granted.

These additional facts are uncontroverted:

The lease from Butler to Mrs. McIntosh provided that she should “take such apartment building subject to all existing leases,” and be entitled to the rents provided for in the same, and should perform all the agreements and covenants therein to be kept by the lessor, “and furnish the heat and hot water necessary in said apartments, and assume the janitor service.” In view of these provisions and the description of the premises conveyed as “4012-4014 Sheridan road, premises consisting of two 7-room apartments and four 8-room apartments,” the lease must be deemed to convey posession of the entire building, including the basement and heating plant, without any reservation of control thereof by the lessor. These provisions are entirely inconsistent with appellee’s construction of a reservation of the basement, which is not even supported by the evidence. Such contention is based simply upon the fact that in describing the conveyed premises as above stated the lease did not expressly convey the basement and heating plant. In view of the other provisions of the lease referred to, the intent to convey full possession and control of the entire building and the heating apparatus cannot be doubted, and that the parties so understood it may be inferred from the lessee’s assumption of the duty to furnish heat as agreed to in the lease. After the execution of the lease to Mrs. McIntosh, Bornholdt paid the rent under his lease to her, and she furnished the coal, paid the janitor and operated the building and the demand of Bornholdt for more heat was made of Mrs. McIntosh.

There being no evidence tending to show retention by Butler of any control of the building or any part thereof, authorities cited by appellee, where the lessor kept control of part of the leased premises common to the use of all tenants, have no application to the facts of this case. On this state of facts the relation of landlord and tenant between Bornholdt and Butler ceased. Hence the only duty the latter owed the former was a contractual one.

Whatever liability may arise from breach of the contract, the breach did not constitute a tortious act, as contemplated by the death statute. Discussing the right of action under such a statute it is said in Corpus Juris, vol. 17, p. 1199, that:

“The act for which an action is given is commonly described in the statutes as a wrongful act, neglect or default, which would have entitled the person injured to have maintained an action if death had not ensued. * * * Any act other than a mere breach of contract which violates a duty owed to decedent is a wrongful act within the meaning of the statute.”

Further on in the article it is said:

“A mere breach of contract is not a wrongful or negligent act within the meaning of the statute and will not support an action for death; the statute has reference only to tortious acts. Of course, there are cases where a legal duty arises out of a contract relation, and for breach of which an action in tort will lie.” Id. sec. 54, p. 1204.

It cannot, however, be successfully urged that there was any legal duty on the part of Butler to furnish heat to Bomholdt. As landlord he was under no such duty because of the relationship. His duty rested entirely in the contract both while and after that relationship existed. Certainly after that relationship ceased, to which no such general duty attached, he was under no other duty than to keep Ms promise, and his only liability, therefore, was for breach of contract.

Many cases are cited under the last paragraph quoted from Corpus Juris, and many of them are argued in the briefs. 'These and others are also referred to and discussed in notes in 11 L. R. A. (N. S.) 504, 34 L. R. A. (N. S.) 804, and 8 A. L. R. 765. It is true that these cases in the main involve the liability of a landlord to his tenant, or one in privity with the latter, for damages for personal injuries based on the landlord’s breach of his covenant to repair. But as said in Dancy v. Walz, 98 N. Y. Supp. 407, in a similar case: “there is no distinction in principle between a covenant to repair and one to keep the premises heated in respect of the right of recovery of damages such as are asserted in this action.” (Citing cases.)

The note to 8 A. L. R. 765 gives the subject exhaustive treatment classifying cases to the year 1920 under “the majority rule” and “the minority rule.” It would unnecessarily extend this opinion to discuss and distinguish these cases, or to quote extensively from them. Suffice it to say that it is recognized by the “majority rule,” which seems to be supported by the greater weight of authority and number of cases, that the general rule to the effect that the landlord, in the absence of concealment and fraud as to some defect in the premises, is under no obligation to repair the demised premises, is not affected by his covenant to repair, so far as concerns his liability for personal injuries to the lessee due to defects in the premises leased for a private purpose, and that the lessee’s remedy is for breach of contract. As stated in the note to 11 L. R. A. (N. S.) 504, “Whether the action be for breach of contract, or covenant, or in tort, the great weight of authority holds that the landlord is not liable to the tenant for injuries received by him through any defect in the premises.” The theory is that such damages are too remote to be recovered even for breach of contract, and not within the contemplation of the parties at the time the contract was made.

Recognizing this principle in Jones’ Landlord and Tenant, sec. 592, it is said:

“It may be said as a general rule that a landlord who has covenanted to repair is not liable in tort for personal injuries resulting from the want of repair. * * * There must be something more than a mere failure on the part of the landlord to make the repairs he has agreed to make. It makes no difference whether the form of the action is ex deUcto or ex contractu, the real and substantial gravamen of the complaint is the alleged breach of contract, and in such a case the same law is applicable to both classes of action.”

Many cases may be cited in support of this doctrine but we refer to only a few of the leading ones supporting the ‘ ‘majority rule. ’ ’ Dancy v. Walz, 98 N. Y. Supp. 407; Davis v. Smith, 26 R. I. 129; Dice’s Adm’r v. Sweigart’s Adm’r, 161 Ky. 646; Thompson v. Clemens, 96 Md. 196; Hamilton v. Feary, 8 Ind. App. 615, 35 N. E. 48; 140 Ind. 45, 39 N. E. 516; Hanson v. Cruse, 155 Ind. 176; Tuttle v. Gilbert Mfg. Co., 145 Mass. 169; Kohnle v. Paxton, 268 Mo. 463; Dustin v. Curtis, 74 N. H. 266. In most of these cases the suit was against the lessor, who was still landlord and had not assigned his reversion.

The principle is so well stated in the last cited case, we quote:

“It may be stated as a principle of law that, where the only relation between the parties is contractual, the liability of one to the other in an action of tort for negligence must be based upon some positive duty which the law imposes because of the relationship or because of the negligent manner in which some act which the contract provides for is done; and that the mere violation of a contract, where there is no general duty, is not the basis of such an action. This being so, and the relation between the parties to this suit being that of landlord and tenant, and it having been decided in Towne v. Thompson, 68 N. H. 317, that no duty is imposed by law upon a landlord to make repairs upon leased premises for the benefit of his tenant or a member of the tenant’s family, it follows that the present action cannot be maintained because of the mere failure of the defendant to keep her agreement to repair.”

Appellee cites authorities contra, supporting the minority rule, notably from the States of Minnesota and Wisconsin. The principal case cited from the former State, while sustaining the cause of action against the grantee of the, reversion, held as to the original lessor that after conveyance of the reversion its obligations were those of a personal contract, and involved no duty of control over the premises. (Glidden v. Second Ave. Investment Co., 125 Minn. 471 [6 N. C. C. A. 743].) It therefore sustains appellant upon the present state of facts.

Appellee also relies upon Sontag v. O’Hara, 73 Ill. App. 432, and Schwandt v. Metzger Linseed Oil Co., 93 Ill. App. 365. These cases were distinguished in Cromwell v. Allen, 151 Ill. App. 404, which was quoted with approval in Oppenheimer v. Szulerecki, 297 Ill. 81, and followed in Mikusz v. Kahn, 207 Ill. App. 258. In the Cromwell case, Mr. Justice Duncan, writing the opinion, recognizes that the weight of authority supports the principles already stated against recovery for damages for personal injury, predicated upon the lessor-landlord’s breach of a covenant to repair. Some dictum to the contrary in earlier cases of the Appellate Court, relied on by appellee, cannot be accepted as stating the law.

It follows that if there was no right of action in Bornholdt there was none under the statute, in the administrator of his estate.

As there can be no recovery at law upon the uncontroverted and controlling facts of the case, the court erred both in not granting defendant’s 'motion for a directed verdict and in not arresting judgment.

Accordingly the judgment will be reversed.

Reversed.

Gridley and Fitch, JJ., concur.