author: Mr. Justice Edwards

text:
    City of Centralia, Appellant, v. Carrie E. McKee, administratrix of the Estate of Chas. E. McKee, Deceased, and Hartford Accident and Indemnity Company of Hartford, Connecticut, Appellees.

      Opinion filed September 19, 1932.
    Rehearing denied October 22, 1932.
    L. H. Jonas, for appellant.
    Charles F. Dew, for certain appellee.
    Wilson & Wilson and Igoe, Carroll, Higgs & Keeps, for certain other appellee.
   Mr. Justice Edwards

delivered the opinion of the court.

The City of Centralia, in 1917, adopted the commission form of government, and on May 7 of the same year the city council enacted an ordinance, creating the office of city treasurer. On May 19, 1927, Charles E. McKee was duly elected, by the city council, as such city treasurer, took the oath of office, and gave a bond executed by himself, and the Hartford Accident and Indemnity Company as surety, in the sum of $75,000, to insure the performance of his duties as such treasurer, and to account for all moneys which should come into his custody in such official capacity.

On May 26,1927, said city council, in regular session, designated three banks of the City of Centralia, among others, the Merchants State Bank, as depositories for the city funds coming to the hands of the city treasurer, and took from said named bank a depository bond in the sum of $40,000, conditioned for the faithful accounting by said bank, to the city, of all funds deposited therein by the city treasurer, and also all interest to accrue thereon.

McKee continued to act as treasurer of such city until April 17, 1931, when he resigned, and the council elected his successor. On December 8, 1930, the Merchants State Bank closed as insolvent; a receiver was appointed by the auditor of public accounts, and it is now in course of liquidation.

At the time the bank so closed, McKee, as such treasurer, had on deposit therein the sum of $28,725.60 of the funds of the City of Centralia. Failing to turn same over to his successor, an action of debt was begun in the circuit court of Marion county upon his official bond, against him and the surety, to recover said sum. Pending the suit, McKee died. The fact was suggested of record, and Carrie E. McKee, as administratrix of his estate, was joined as a party defendant. After amendments to the declaration, the defendants (appellees herein) severally filed the general issue. The parties stipulated that any proof competent under any proper plea might be introduced by the defense, and that the plaintiff (appellant in this court) might meet same by any evidence, proper under any apt replications to such pleas. Trial by jury was waived, and the cause submitted to the court for hearing and decision. The trial court, upon a stipulation of fact, rendered judgment for appellees, and the appellant seeks to reverse same by this appeal.

Appellees’ position is that when the city council designated a depository, and required its treasurer to deposit city funds therein, it cannot afterward hold him or his surety as insurers of such funds, as he deposited therein, and which were lost through the failure of the depository, and not because of any fault or neglect of the treasurer. Appellant contends that such action did not release the officer from his liability as insurer of the funds so deposited, and also that the city council had no authority to designate the depository, and that its action in that regard was without warrant, and of no effect.

At the time of McKee’s election and qualification as said city treasurer, and during the whole period of his incumbency as such, the only authority for the designation of a depository of municipal funds, in a city operating under the Commission Form of Government Act, was that conferred by Cahill’s St. ch. 24, ¶¶ 374 (sec. 316, ch. 24, Smith-Hurd R. S. 1931), which provides that the city treasurer shall make daily deposits of city funds coming into his custody, in one or more banks of the city, to be selected by the president of the council, the commissioner of accounts and finance, and the treasurer, or any two of them; that such bank or banks shall be required to indemnify the city, with a depository bond, and further,, that said president of the council, commissioner of accounts and finance, and the treasurer, in the selection of such depository bank, shall take into consideration the reputation and solvency of the same, and the sufficiency of the security which it offers.

It will be seen that the statute, in express terms, constituted three individuals a body to select such depository; specifically provided that they, in making their choice, should take into consideration certain matters. This vested the persons, thus named, with the éxercise of a discretion in arriving at their judgment, and by fundamental and familiar rules, excluded all others from participating therein. The city council, as such, had no power or authority in the matter, which was expressly committed by said section 316 (Cahill’s St. ch. 24, ¶ 374) to a different tribunal.

The rule which governs the acts of such bodies so selected by statute, for the discharge of certain governmental functions, is announced in the case of People v. Chicago & E. I. Ry. Co., 306 Ill. 402, where, on page 412, it is stated: “Where a collection of individuals, designated in a manner provided by law, is created a body to whose care public affairs are committed, the body so created is powerless to act, except together and as a body”; and to the same effect is Louk v. Woods, 15 Ill. 256.

The designation of a depository for the funds of the city treasurer was committed to a body of three individuals named by said section 316 (Cahill’s St. ch. 24, ¶¶ 374) and two of whom must concur in the selection. They were specifically charged, by the act, with the consideration of certain important elements which should enter into the formation of their judgment ; consequently it was essential that their selection should result from conference and consultation, where views could be interchanged and opinions expressed, and which, within the rule as stated, could only be done where such individuals were acting as a body and together, not separately, nor in conjunction with others who, by the statute, were not empowered to participate in the designation.

By the stipulation, it appears that the body or tribunal created by the statute did not, as such, act in the matter, but that another unit of -government, to wit, the city council, which had no authority in the selection of such depository, assumed to act and make the choice.

Appellees urge that inasmuch as the action of the city council was unanimous; that two of the three persons named by said section 316 (Cahill’s St. ch. 24, ¶ 374) viz., the president of the council (who in fact is the mayor), and the commissioner of accounts and finance (who is a member of the council), are shown to have affirmatively voted upon the proposition at the council session; that two of the members of the body, authorized to make the selection, officially acted, that their action thereby constituted a selection under the authority of the statute. The answer to which is, that said two members, at such time, were acting in their official capacity as members of the city council, and not as members of the tribunal constituted by the statute to select such depository.

Where certain individuals are constituted, by law, a body for the determination of some public matter, it must be exercised by the members of the body acting as such, or at least such part of them as are by law authorized to render the decision; and it cannot be lawfully done, by a part of such body, acting in conjunction with unauthorized persons. McChesney v. People, 148 Ill. 221. Here, two of the statutory body acted in association with three others, who were strangers to the proceeding, and not in their capacity as officers to make the designation of the depository. They functioned, at such time, as officials of a different governmental agency, that is to say, the city council, which tribunal was without authority in the matter.

There was no lawful designation of a bank depository for the funds of the treasurer of the City of Centralia, and the attempted designation, by the city council, being unwarranted, the treasurer was under no obligation to regard it.

The decision of the foregoing proposition is decisive of the case, and it is unnecessary to discuss or decide what the effect would have been upon the treasurer’s liability, had there been a lawfully designated depository. The trial court erred in holding that no liability existed in favor of appellant; for which action, the judgment will be reversed and the cause remanded.

As before observed, pending the action, McKee died. Upon suggestion of the fact, the court permitted the administratrix of his estate to be made party defendant, and the cause proceeded to judgment in favor of both the administratrix and the surety. This action was improper. By Cahill’s St. ch. 1, ¶ 12 (section 12, ch. 1, Smith-Hurd’s Revised Statutes, 1931), after McKee’s death was suggested of record, .the cause should have proceeded against the remaining defendant. In Gemmill v. Smith, 274 Ill. 87, the Supreme Court, construing said section, held that by the death of one of several defendants, who are jointly liable, where the cause of action survives, the joint liability was severed, “but the statute preserves the action upon the joint liability against those who survive. The separate liability of the deceased person may be enforced in a separate action against his representatives.”

By the death of McKee, his joint liability was severed, and appellant was authorized by the statute to proceed, in the pending suit, only against the remaining defendant, with the right to enforce the separate liability of McKee in an independent action against his personal representatives; and while the point was not raised, we think, in view of the fact that the cause must be remanded for further proceedings, that we should take notice of this condition, in order that the same may be corrected in the trial court.

The judgment is reversed and the cause remanded with directions to dismiss the suit as to Carrie E. McKee, administratrix, etc., and to enter a finding and judgment as to the other defendant for the amount due appellant.

Reversed and remanded with directions.


source: Caselaw Access Project

author: Mr. Justice Fulton

license: Public Domain

text:
    Josephine Gunn, Appellee, v. Charles Meyer, Appellant.

      Opinion filed September 19, 1932.
    Rehearing denied October 22, 1932.
    Wm. P. Boynton, for appellant.
    M. E. Newell and Francis Hanning, for appellee; J. L. Simpson, of counsel.
   Mr. Justice Fulton

delivered the opinion of the court.

Josephine Gunn, appellee, recovered a verdict and judgment in the sum of $2,500 in the court below, against Charles Meyer, appellant, for damages sustained in an automobile collision on December 12,1930. The declaration, when the case was finally submitted to the jury, consisted of three counts. The first count alleges that appellee was riding in an automobile owned and driven by one Floyd Hobbel, and charges general negligence on the part of appellant in the operation of his automobile which was being driven by the son of the appellant, Charles Meyer, at the time of the accident. The second count alleges the same facts in substance, but charges the appellant with driving his car at an excessive rate of speed, and without signals or warnings, crossing over from the right to the left side of the highway and driving appellant’s car into the automobile in which appellee was riding.

The last count was an additional one filed by leave of court over objection on the part of appellant shortly before appellee had closed her testimony. It alleges the same introductory facts, but charges that appellant’s automobile was driven directly in the path of the car in which appellee was a passenger, whereupon the driver of the car in which appellee was riding turned his car sharply to the left, whereupon the said car turned over, etc.

The appellant filed a plea of the general issue to the original declaration, which was permitted to stand as a plea to the additional count.

The appellant urges first that the verdict is contrary to the manifest weight of the evidence. The appellee and Floyd Hobbel, the driver of the car in which appellee was riding, both swore positively that Hobbel was operating his car on the east side of the road driving north, the appellee being a passenger and riding on the front seat with the driver; that as they approached the entrance to the refinery of the Shell Petroleum Corporation located on the east side of the highway in the Village of Roxana, the appellant’s car, driven by his son, came from the north and a short distance before the cars met, the appellant’s car pulled over to the left side and off the road and then suddenly pulled back onto the highway directly in front of the Hobbel car; that Hobbel had slowed down and when appellant’s car swerved back onto the road in front of him, he applied his brakes and turned sharply to the left to avoid a head-on collision; that appellant’s car crashed into the right rear side of Hobbel’s car, causing- it to turn over on its side; that appellant’s car did not stop but ran on into the parking space on the east side of the road. Several witnesses for appellee testified to hearing a screeching of the brakes, a crash and that the car turned over.

On behalf of appellant, the son, who was driving appellant’s car, testified that he was driving south on the right-hand side of the highway; that he observed the Hobbel car about a block away coining along the highway from the south; that he put up his hand and turned into the parking space; that after he was 50 or 100 feet into the parking space, he heard the screeching of brakes, turned around and saw the Hobbel automobile turn over; that appellant’s car did not at any time come in contact with the Hobbel car in any way. He was corroborated by two or three witnesses who testified that the two cars did not come into contact with each other.

There is nothing in the record that would justify our interference with the verdict of the jury as being against the manifest weight of the evidence. The jury had the opportunity of seeing and observing the witnesses. The evidence offered by the appellee, fairly considered, if believed by the jury, is amply sufficient to sustain the verdict. There is no evidence to show that appellee was guilty of any contributory negligence whatever. Hobbel was driving, his car on the proper side of the highway, and appellee could not have anticipated that appellant’s car would suddenly dart back into the highway directly in front of the Hobbel car.

It is contended that the court erred in permitting the appellee at the trial to file an additional count. While the appellant objected to the filing of such count, he did not urge that he was surprised or make any motion for a continuance on the ground that he could not safely proceed with the trial. No motion was made at the close of appellee’s evidence nor at the close of all the testimony to strike this additional count from the consideration of the jury. It was not error for the court to permit the filing of the additional count under the circumstances. See Bell v. Toluca Coal Co., 272 Ill. 576.

It is also urged that the court erred in giving the following instruction, which was the only one offered or given on behalf of appellee:

‘ ‘ The Court instructs the jury that although a driver may contribute to an injury to his automobile, or to a passenger riding with him, or both; but the Court further instructs you that his contributory negligence, under the law, cannot be imputed to a passenger riding with him.”

This instruction should not have been given because it contains an abstract proposition of law and is argumentative in form, and the two parts of the instruction are not logically or grammatically connected. ■ The appellant is not, however, in a position to complain, because no instruction on the question of contributory negligence was offered or given on behalf of appellant.

In this case the question of contributory negligence on the facts was not a close one, and we do not believe the' giving of the above instruction in any way influenced the verdict of the jury and is not reversible error.

Finding no substantial error in the record, the judgment of the .Madison county circuit court will be affirmed.

Affirmed.


author: Mr. Presiding Justice Hebel

text:
    First District.
    Orpha Anderson, appellee, v. Inter-State Business Men’s Accident Association of Des Moines, Iowa, appellant.
    Gen. No. 35,045.
    Opinion filed June 15, 1932.
    Moses, Kennedy, Stein & Bachrach, for appellant; Walter Bachrach and Albert Langeluttig, of counsel. Lee D. Mathias and Clyde L. Todd, for appellee.
   Mr. Presiding Justice Hebel

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Agnes Childs, appellant, v. Honorable Henry Horner, Judge of the Probate Court of Cook County et al., appellees.
    Gen. No. 35,429.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Erich E. Paeyna, for appellant. Butz, Von Ammon & Marx, for appellees; Frederick Z. Marx and Rodney C. Glover, of counsel.
   Mr. Presiding Justice Hebel

delivered the opinion of the court.


text:
    William Rubenstein, appellee, v. Jacob Ribaysen, appellant.
    Gen. No. 35,457.
    Opinion filed June 15, 1932.
    Alex M. Golman, for appellant; Benjamin M. Washer, of counsel. James Pereival Pio, for appellee.
   Mr. Presiding Justice Hebel

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Hazel Schroeder, appellant, v. Edmund Schultz, appellee.
    Gen. No. 35,466.

      Opinion filed June 15, 1932.
    Frank Moland, for appellant. J. V. DeLaney, for appellee.
   Mr. Presiding Justice Hebel

delivered the opinion of the court.


text:
    Paul Schiever, appellee, v. Hermann P. Haase, appellant.
    Gen. No. 35,600.
    Opinion filed June 15, 1932.
    Hermann P. Haase, pro se. No appearance for appellee.
   Mr. Presiding Justice Hebel

delivered the opinion of the court.


text:
    City of Chicago, appellee, v. Emanuel Russell, appellant. City of Chicago, appellee, v. Charles Avant, appellant. City of Chicago, appellee, v. Timothy Purcell, appellant. City of Chicago, appellee, v. Esther Taylor, appellant. City of Chicago, appellee, v. Albert Taylor, appellant. City of Chicago, appellee, v. Hattie Wilkins, appellant. City of Chicago, appellee, v. Jesse Gross, appellant. City of Chicago, appellee, v. Gene Noble, appellant. City of Chicago, appellee, v. Madison Young, appellant. City of Chicago, appellee, v. Lima Gray, appellant. City of Chicago, appellee, v. Mack Ross, appellant. City of Chicago, appellee, v. Mary Jones, appellant. City of Chicago, appellee, v. James Monroe, appellant. City of Chicago, appellee, v. Dan McLaurine, appellant. City of Chicago, appellee, v. Edward Dawson, appellant. City of Chicago, appellee, v. Collier Weddle, appellant. City of Chicago, appellee, v. Charles Ross, appellant. City of Chicago, appellee, v. Simmie Perkins, appellant. City of Chicago, appellee, v. T. E. Gray, appellant. City of Chicago, appellee, v. Helen Johnson, appellant. City of Chicago, appellee, v. Rome Burchett, appellant. City of Chicago, appellee, v. Edward Walker, appellant. City of Chicago, appellee, v. Hurley Sebastian, appellant. City of Chicago, appellee, v. John Monroe, appellant. City of Chicago, appellee, v. William Byrd, appellant. City of Chicago, appellee, v. Charles Phoenix, appellant. City of Chicago, appellee, v. William Watkins, appellant. City of Chicago, appellee, v. Winefred Stewart, appellant.

      Gen. No. 35,955. Gen. No. 35.956. Gen. No. 35.957. Gen. No. 35*958. Gen. No. 35.959. Gen. No. 35.960. Gen. No. 35.961. Gen. No. 35,962. Gen. No. 35,963. Gen. No.' 35,964. Gen. No. 35,965. Gen. No. 35,966. Gen. No. 35.967. Gen. No. 35.968. Gen. No. 35.969. Gen. No. 35.970. Gen. No. 35.971. Gen. No. 35.972. Gen. No. 35,973. Gen. No. 35,974. Gen. No. 35 975, Gen. No. 35*976. Gen. No. 35,977. Gen, No. 35.978. Gen. No. 35.979. Gen. No. 35.980. Gen. No. 35,981. Gen. No. 35,982.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Ellis & Westbrooks, for appellants; Richard E. Westbrooks, of counsel. William H. Sexton, Corporation Counsel, and Michael L. Rosinia, Prosecuting Attorney, for appellee; Walter L. McCoy, Assistant Prosecuting Attorney, and Carl J. Appell, Assistant Corporation Counsel, of counsel.
   Mr. Presiding Justice Hebel

delivered the opinion of the court.


author: Mr. Justice Friend

text:
    Anna M. Maremont, appellee, v. Cosmopolitan Life Insurance Company, appellant.
    Gen. No. 35,088.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Rufus M. Potts, C. W. Armstrong and Frank X. Brickley, for appellant. E. R. Elliott, for appellee; Julius N. Heldman, of counsel.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Ronald Dobrovolski, plaintiff in error.
    Gen. No. 35,252.
    Opinion filed June 15, 1932.
    Swalwell & Buoscio, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error; Otho S. Fasig, Henry T. Chace, Jr., and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Joliet National Bank of Joliet, Illinois, administrator of the estate of Fred N. Ashamy, deceased, defendant in error, v. R. B. Farber Company, plaintiff in error.
    Gen. No. 35,351.

      Wilson, J., dissenting.
    Opinion filed June 15, 1932.
    John A. Bloomingston, for plaintiff in error. Joseph D. Ryan and Edmund M. Sinnott, for defendant in error.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Francis W. Paine et al., trading as Paine, Webber & Company, appellees, v. James Svolas, appellant.
    Gen. No. 35,396.
    Opinion filed June 15, 1932.
    Either & Either, for appellant. James W. Milne, for appellees.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Cleo Williams, appellee, v. Consumers Company, appellant.
    Gen. No. 35,499.
    Opinion filed June 15, 1932.
    Philip H. Treacy, for appellant. Olds, Stolle & Bellair, for appellee; Milford H. Olds and John F. Bellair, of counsel.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Jack Hawkins, appellee, v. Heissler & Junge Company, appellant.
    Gen. No. 35,508.
    Opinion filed June 15, 1932.
    McKenna & Harris, for appellant; James J. McKenna and Abraham W. Brussell, of counsel. Ela, Grover, March & Green, for appellee; S. R. Peterson, of counsel.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    H. C. Hams, appellee, v. Alex Locashio, appellant.
    Gen. No. 35,542.
    Opinion filed June 15, 1932.
    Braun, Anderson & Norby, for appellant; Joseph H. Braun and Joseph P. Brodie, of counsel. No appearance for appellee.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Emily Armour, appellee, v. The Pennsylvania Railroad Company, appellant.
    Gen. No. 35,582.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Loesch, Scofield, I/oeseh & Burke, for appellant. Joseph D. Ryan and Louis P. Miller, for appellee.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Frank J. Jacobson, appellant, v. Nathan Cohn, appellee.
    Gen. No. 35,648.
    Opinion filed June 15, 1932.
    John B. King, for appellant. David Snyder, for appellee.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Mary B. Dupre, appellee, v. Chicago Law Printing Company, appellant.
    Gen. No. 35,663.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Thompson, Tyrrell & Chambers, for appellant; P. B. Thompson and Joseph T. Tyrrell, of counsel. F. M. Hartman, for appellee.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Angela Benvenuti, appellee, v. Chicago Law Printing Company, appellant.
    Gen. No. 35,664.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Thompson, Tyrrell & Chambers, for appellant; P. E. Thompson and Joseph T. Tyrrell, of counsel. F. M. Hartman, for appellee.
   Mr. Justice Friend

delivered the opinion of the court.


text:
    Charles E. Champlin, appellee, v. Chicago Law Printing Company, appellant.
    Gen. No. 35,665.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Thompson, Tyrrell & Chambers, for appellant; Clyde C. Fisher, of counsel. F. M. Hartman, for appellee.
   Mr. Justice Friend

delivered the opinion of the court.


author: Mr. Justice Wilson

text:
    Ella Rasmusson, appellee, v. The Boston Store, appellant.
    Gen. No. 35,416.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Moses, Kennedy, Stein & Bachraeh, for appellant; Hamilton Moses and Arthur Magid, of counsel. Lionel A. Sherwin, for appellee; Cairoli Gigliotti, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Sankey B. Washington et al., appellants, v. Lucy C. Jefferson, appellee.
    Gen. No. 35,478.
    Opinion filed June 15, 1932.
    James B. Cashin, for appellants; Thomas P. Harris, of counsel. Hirseh H. Resniek, for appellee; Preston Clark, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Theo. Mielke, appellee, v. Raymond Meyer, appellant.
    Gen. No. 35,487.
    Opinion filed June 15, 1932.
    H. L. Howard, William Greene and E. E. Anderson, for appellant. No appearance for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Lydia Goodman, appellee, v. J. Wittles, defendant, on appeal of Jack Wittles, appellant.
    Gen. No. 35,496.
    Opinion filed June 15, 1932.
    George E. Mittelman, for appellant. Jacob G. Grossberg and Maurice Greiman, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Herman H. Hettler Lumber Company, appellant, v. City of Chicago, appellee.
    Gen. No. 35,545.

      Opinion filed June 15, 1932.
    R. E. Howe and Gallagher, Rinaker, Wilkinson & Hall, for appellant. William H. Sexton, Corporation Counsel, and Alexander M. Smietanka, City Attorney, for appellee; John S. Boyle, Assistant City Attorney, and Roy S. Gaskill, Assistant Corporation Counsel, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Elizabeth Roberts, appellant, v. Wm. D. Meyering, Sheriff, and Clifford Share, appellees.
    Gen. No. 35,566.
    Opinion filed June 15, 1932.
    Ralph J. Beckler, for appellant. Nicholas J. Mascha, for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    G. Friedman, trading as Safeway Finance Company, appellee, v. Clark Street Garage, appellant.
    Gen. No. 35,575.
    Opinion filed June 15, 1932.
    A. H. Patek, for appellant. Walter A. Myer and Hoffman & Jaffe, for appellee; Philip D. Hoffman, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Hardy-Ryan Abstract Company, defendant in error, v. Frank L. Hume, plaintiff in error.
    Gen. No. 35,650.
    Opinion filed June 15, 1932.
    Rehearing denied June 29, 1932.
    Hume & Kennedy, for plaintiff in error. Lucius, Buehler & Lucius, for defendant in error; Albert E. Lucius and Philip Horton Newman, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Ruth Kanief, appellee, v. Paul William Kanief, appellant.
    Gen. No. 35,656.
    Opinion filed June 15, 1932.
    Myer H. Gladstone, for appellant. I. Archer Levin, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    South Park Commissioners, appellee, v. Harry Vested, appellant.
    Gen. No. 35,669.
    Opinion filed June 15, 1932.
    Bowe & Bailey, for appellant. George E. Gorman, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Jack Kral, plaintiff in error.
    Gen. No. 35,710.
    Opinion filed June 15, 1932.
    Joseph Lustfield, for plaintiff in error; Thomas M. Zasidil, of counsel. John A. Swanson, State’s Attorney, for defendant in error; Otho S.-Fasig and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr. Presiding Justice O’Connor

text:
    Herman Lewis et al., appellees, v. Universal Carloading & Distributing Company, appellant.
    Gen. No. 35,788.
    Opinion filed June 20, 1932.
    Rehearing denied June 27, 1932.
    Pruitt & Grealis, for appellant; Jules M. Zwiclc, for appellees; Jules M. Zwiek and Bobert L. Katz, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    George A. Manes, appellee, v. Thomas N. Deligianes, appellant.
    Gen. No. 35,812.
    Opinion filed June 20, 1932.
    James A. Kealey, for appellant. Martin G. Loeff, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice McSurely

text:
    Joseph Genovese, appellant, v. Nicholas Leidinger, appellee.
    Gen. No. 35,874.

      Opinion filed June 20, 1932.
    Alfred Boy Hulbert and Henry A. Blouin, for appellant. William McKinley and Paul E. Price, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    John D. Webber, appellee, v. Chicago City Railway Company et al., appellants.
    Gen. No. 85,882.
    Opinion filed June 20, 1932.
    Weber, Miller, Deffenbaugh & Donovan, for appellants; Frank L. Kriete and A. R. Peterson, of counsel. Royal W. Irwin and Thomas J. Peden, for appellee; Royal W. Irwin and John C. Melaniphy, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Chas. Levy Circulating Company, appellant, v. Central Distributing Company, appellee.
    Gen. No. 35,944.
    Opinion filed June 20, 1932.
    Rehearing denied July 1, 1932.
    De Witt B. Bayer, for appellant. Donald McEachran, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    Seth Seiders, appellee, v. Charles F. Henry, appellant.
    Gen. No. 34,266.
    Opinion filed June 20, 1932.
    Alden, Latham & Young, for appellant; Hobart P. Young and Sidney F. Moody, of counsel. William L. Kelley and John W. Marshall, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Jacob Bloom, appellee, v. Philip Schwartz, defendant, on appeal of John Schwartz, appellant.
    Gen. No. 35,815.
    Opinion filed June 20, 1932.
    Lester L. Bauer, for appellant. Victor H. Bloom, for appellee; Max C. Liss, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Gust Stellas, plaintiff in error.
    Gen. No. 35,832.
    Opinion filed June 20, 1932.
    Myron E. Wisch, for plaintiff in error; Sidney R. Tarkoff, of counsel. John A. Swanson, State’s Attorney, for defendant in error; Otho S. Pasig and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Hugo Hartnack for use of Dr. Hartnack Exterminating Service, Inc., appellee, v. The Board of Charities of the Illinois Conference of the Ev. Lutheran Augusta Synod, appellant.
    Gen. No. 35,891.
    Opinion filed June 20, 1932.
    Rehearing denied July 1, 1932.
    Tage Joranson, for appellant. Otto A. Kralik, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Presiding Justice Friend

text:
    Oscar H. Haugan, appellee, v. Carl Thorgersen et al., appellants.
    Gen. No. 36,004.
    Opinion filed June 22, 1932.
    Rehearing denied July 8, 1932.
    Irving L. Block, for appellants. Miller, Gorham, Wales & Adams, for appellee.
   Mr. Presiding Justice Friend

delivered the opinion of the court.


author: Mr. Justice Hebel

text:
    A. J. Hennings, appellee, v. Stony Island State Savings Bank et al., defendant, on appeal of Foreman-State National Bank, appellant.
    Gen. No. 35,993.
    Opinion filed June 22, 1932.
    Barancik & Dolan, for appellant; Maurice A. Baraneik, of counsel. Hyde, Westbrook, Watson & Stephenson, for appellee.
   Mr. Justice Hebel

delivered the opinion of the court.


text:
    Russell Firebaugh, appellee, v. Sam Cohn et al., defendants, on interlocutory appeal of Sam Cohn, appellant.
    Gen. No. 36,020.

      Opinion filed June 22, 1932.
    Rehearing denied July 8, 1932.
    Karlin, Cohen & Karlin, for appellant. John A. Blake, for appellee; Arthur Abraham, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr. Presiding Justice Kerner

text:
    Mary Rolinek, appellee, v. Sherman State Bank, appellant.
    Gen. No. 34,983.
    Opinion filed June 28, 1932.
    Joseph F. Elward, for appellant. James Percival Pio, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Paul H. Davis et al., appellees, v. Troy Smith, appellant.
    Gen. No. 35,551.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    Wendell E. Green, for appellant. Murphy, Hollywood, Turner & Barron, for appellees; Louis C. Horner, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Joseph Caligaris and A. Caligaris, defendants in error, v. Mary E. Martin et al., defendants. Mary E. Martin and Lillian Marion Martin, plaintiffs in error.
    Gen. No. 35,686.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    Watkins &- Watkins, for plaintiffs in error. Hume & Kennedy, for defendants in error.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Agnes Shekerjian, complainant, v. Paul Shekerjian, defendant. Edward C. Guilmez, appellant, v. Agnes Shekerjian, appellee.
    Gen. No. 35,711.
    Opinion filed June 28, 1932.
    Edward C. Guilmez, pro se. Coburn, Kearney & Coburn, for appellee; Marshall V. Kearney, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Albert Bennett, appellee, v. Edwin H. Manasse et al., defendants. Edwin H. Manasse, appellant.
    Gen. No. 35,721.
    Opinion filed June 28, 1932.
    Milton G. Manasse, for appellant; Charles Lawrence, of counsel. No appearance for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Rose Czernecki, appellee, v. Chicago City Railway Company et al., appellants.
    Gen. No. 35,730.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    George W. Miller and Arthur J. Donovan, for appellants; Frank L. Kriete and Thomas J. Symmes, of counsel. Robert Berg and Charles C. Spencer, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Burge Ice Machine Company, appellee, v. Deligiannis Brothers, Inc., appellant.
    Gen. No. 35,740.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    Harold A. Fein, for appellant; Leo L. Stone, of counsel. Harry E. Kopald,' for appellee; Harry E. Kopald and Joseph Rosenbaum", of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the' court.


text:
    Cassie Landsman, appellant, v. Schiff Trust & Savings Bank et al., appellees.
    Gen. No. 35,759.
    Opinion filed June 28, 1932.
    L. A. Sherwin, for appellant. John M. Lee, for appellees; James A. Filipek, - of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Carl Moberg and Emma Moberg, appellees, v. Richard McIlwaine, appellant.
    Gen. No. 35,780.

      Opinion filed June 28, 1932.
    Castle, Osborn & Weiss, for appellant; Walter W. Weiss, of counsel. Cheney, Evans & Peterson, for appellees; Albert Peterson, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Laura D. Scott, appellant, v. Frank E. Scott, appellee.
    Gen. No. 35,789.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    Callahan & Callahan, for appellant; Francis J. Callahan, of counsel. John Fitzgerald, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Morris Koven, appellee, v. Martha Cohen et al., defendants. Martha Cohen et al., appellants.
    Gen. No. 35,819.
    Opinion filed June 28, 1932.
    Yale & Yale, for appellants. Julian Kwasigroeh, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Donald J. Seeley, appellee, v. Benjamin E. Minturn et al., appellants.
    Gen. No. 35,939.
    Opinion filed June 28, 1932.
    Murphy, Hollywood, Turner & Barron, for appellants; Frederick A. Brown, of counsel. Charles F. McKinley, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Max Hoffman, plaintiff in error, v. Frank E. Maher et al., defendants in error.
    Gen. No. 35,255.
    Opinion filed June 28, 1932.
    Alex H. Rosenbaum, for plaintiff in error; Sidney F. Brown, of counsel. Zwemer & Casey, for certain defendant in error; Otto E. Dorre, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Clara C. Walker, appellee, v. E. Sumner Walker, appellant.
    Gen. No. 35,671.
    Opinion filed June 28, 1932.
    Gilbert, Rommel, Burger & Baker, for appellant; Samuel H. Gilbert, of counsel. Socrates & Davis, for' appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Albert Vodvarka, plaintiff in error, v. Sidney H. Gettelman, defendant in error.
    Gen. No. 35,682.
    Opinion filed June 28, 1932.
    Daniel Webster, for plaintiff in error; O. I. Bingaman, of counsel. I. Harvey Levinson and Louis Rosenfeld, for defendant in error.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Guy Payne, plaintiff in error, v. Evening American Publishing Company, defendant in error.
    Gen. No. 35,692.
    Opinion filed June 28, 1932.
    A. W. Martin and Edward H. S. Martin, for plaintiff in error. Edward G. Woods, for defendant in error; Kurt J. Salomon, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Milton H. McCoy and Edwin Mulford, trading as McCoy & Mulford, defendants in error, v. Nels Shoen, plaintiff in error.
    Gen. No. 35,709.
    Opinion filed June 28, 1932.
    Philip E. Laby, for plaintiff in error. Stevens, Carrier & Griffith, for defendants in error; Lee W. Carrier and Melvin L. Griffith, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Claude T. Frazier, appellee, v. Continental Casualty Company, appellant.
    Gen. No. 35,718.

      Opinion filed June 28, 1932.
    Abraham Lepine, for appellant. George T. Rutledge and John Y. McCormick, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Thordarson Electric Manufacturing Company, appellant, v. Jefferson Electric Manufacturing Company et al., appellees.
    Gen. No. 35,727.
    Opinion filed June 28, 1932.
    Reeda & Peace, for appellant. Gardner, Foote, Burns & Morrow, for appellees; Walter M. Fowler, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Ponsovella C. Sunico, appellee, v. Dr. P. B. Schyman and Helen Schymanski, trading as S. M. S. Health Service and Medical Institute, appellants.
    Gen. No. 35,737.
    Opinion filed June 28, 1932.
    Raphael W. Marrow, for appellants. Goodnow, Allaben & Snewind, for appellee; Charles D. Snewind, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Otto Strickland, appellant, v. Walter G. McIntosh and James Balodimas, appellees.
    Gen. No. 35,756.
    Opinion filed June 28, 1932.
    Hermann P. Haase, for appellant. McKinney, Lynde & Grear, for appellees; Hayes McKinney, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Paolo Fabbri and Rosalinda Fabbri, appellees, v. Frank Gerwisch, appellant.
    Gen. No. 35,765.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    Mathias F. Perz, for appellant. Eugene C. O’Reilly, for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Martin L. H. Barclay, appellee, v. Goldberg Drug Company, appellant.
    Gen. No. 35,816.
    Opinion filed June 28, 1932.
    Wendell É. Green, for appellant. B. G. Clanton, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr. Justice Scanlan

text:
    Edwin Hamilton, appellant, v. Estelle Jensen, appellee.
    Gen. No. 35,550.
    Opinion filed June 28, 1932.
    Edwin Hamilton, pro se. Wolf & Love, for appellee; Stephen Love, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Edward H. Olsen, appellee, v. Marya Zolniewski et al., defendants. Marya Zolniewski, appellant.
    Gen. No. 35,590.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    Jacob Levy, for appellant; James M. Gwin, of counsel. Hummer & Hummer, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Ellich McNeil and Bertha McNeil, alias Mr. and Mrs. Ellich McNeal, appellees, v. The Drexel State Bank of Chicago, appellant.
    Affirmed.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    Eugene P. Kealy and McKenna & Harris, for appellant; Eugene P. Kealy and- Abraham W. Brussell, of counsel. George S. Barnes and B. G. Clanton, for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Justice Seanlan

text:
    The People of the State of Illinois, defendant in error, v. Hyman Jansky, plaintiff in error.
    Gen. No. 35,675.

      Opinion filed June 28, 1932.
    Maurice Alschuler, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Ralph L. Painter, appellee, v. Illinois Traction, Inc., appellant.
    Gen. No. 35,715.
    Opinion filed June 28, 1932.
    E. Bentley Hamilton, for appellant. Hollerieh & Hurley and William Greene, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Jack Niles Company, appellee, v. Hugo Meyer, appellant.
    Gen. No. 35,753.
    Opinion filed June 28, 1932.
    Rufus M. Potts, C. W. Armstrong and Frank X. Briekley, for appellant. Parker, McKeon & Clusman, for appellee; James B. McKeon, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    General Acceptance Company, appellant, v. Melissa McNally, appellee.
    Gen. No. 35,771.
    Opinion filed June 28, 1932.
    Harry S. Greenstein, for appellant; Harry F. Brewer, of counsel. James R. Glass, for appellee; Alexander J. Napoli, of counsel.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    H. M. Byllesby & Company, appellant, v. Wilmer C. Bennett, appellee.
    Gen. No. 35,792.
    Opinion filed June 28, 1932.
    Owen & Campbell, for appellant; Cummins, Hagenah & Flynn, Malcolm Dale Owen, H. P. Reynolds and J. R. Phillips, of counsel. McDonald & Richmond, for appellee; Lyle L. Richmond, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    National Box Company, appellee, v. Big Ben Beverage Corporation, appellant.
    Gen. No. 35,801.
    Opinion filed June 28, 1932.
    Henry Perlman, for appellant. John M. Lee and Earl Y. Brown, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    H. T. Hunter, defendant in error, v. G. H. Buchanan & Company, Inc., plaintiff in error.
    Gen. No. 35,860.
    Opinion filed June 28, 1932.
    McKinney, Lynde & Grear, for plaintiff in error; William E. Dover, of counsel. Solomon & Borden, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Donato Quintiliamo, defendant in error, v. Nan Buchner, plaintiff in error.
    Gen. No. 35,933.
    Opinion filed June 28, 1932.
    Rehearing denied July 11, 1932.
    William T. Pridmore, for plaintiff in error. Abram Z. Zietlein, for defendant in error.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Presiding Justice McSurely

text:
    Julia Borowinski, appellee, v. John Habryl et al., defendants, on appeal of James H. Hooper, appellant.
    Gen. No. 36,146.
    Opinion filed July 7, 1932.
    A. G. Dicus, for appellant. Cummings & Wyman, for appellee; Harold Engstrom, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Anton Mikelionis, defendant in error, v. Stanley Konecki, plaintiff in error.
    Gen. No. 35,698.

      Opinion filed July 13, 1932.
    Rehearing denied July 25, 1932.
    John Owen, for plaintiff in error. Frank Ñ. Hillis, for defendant in error.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Carl Hansen, administrator of the estate of Ignatz Swartz, deceased, defendant in error, v. Katherine Swartz et al., plaintiffs in error.
    Gen. No. 35,862.
    Opinion filed July 13, 1932.
    Rehearing denied July 25, 1932.
    Bernard J. Brown, for plaintiffs in error. Joseph Graniek and Charles H. Pease, for defendant in error.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Herbert Anderson, appellant, v. Charles O. Dobroth and Bert M. Williams, appellees.
    Gen. No. 35,935.
    Opinion filed July 13, 1932.
    Rehearing denied and opinion modified July 26, 1932.
    McKenna & Harris, for appellant; James J. McKenna and Abraham W. Brussell, of counsel. Cassels, Potter & Bentley, for appellee Charles O. Dobroth; Ralph F. Potter, Kenneth B. Hawkins and George O. Bunge, of counsel. Church, Haft, Robertson, Crowe & Spence, for appellee Bert M. Williams; Burt A. Crowe, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Northern Picture Frame Company, appellee, v. Victor A. Dorsey, appellant.
    Gen. No. 35,938.
    Opinion filed July 13, 1932.
    Robert H. Stoll, for appellant. Marcus L. Silver, for appellee; Milton M. Hermann, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    The New York, Chicago & St. Louis Railroad Company, appellant, v. S. J. Rosenthal, appellee.
    Gen. No. 36,063.
    Opinion filed July 13, 1932.
    Winston, Strawn & Shaw, for appellant; Bryce L. Hamilton and Frank B. Gilmer, of counsel. No appearance for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    George Burden, appellee, v. Rissman Lumber & Supply Company, appellant.
    Gen. No. 35,806.
    Opinion filed July 13, 1932.
    Shulman, Shulman & Abrams, for appellant; Meyer Abrams, of counsel. E. J. Hauflaire, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Oscar Nelson and E. A. Holmberg, trading as Nelson & Holmberg, defendants in error, v. Trenner J. Jacobsen, sued as Ferner Jacobson, trading as Jacobson & Company, plaintiff in error.
    Gen. No. 35,857.
    Opinion filed July 13, 1932.
    Rehearing denied July 25, 1932.
    John F. Lax, for plaintiff in error. Meyer Shapiro, for defendants in error.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Tyler & Hippach, appellee, v. Cook Lumber & Terminal Company, appellant.
    Gen. No. 35,877.
    Opinion filed July 13, 1932.
    Cohen & Berke, for appellant. John Thornton Gilbert, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Solomon Lewis, appellee, v. Morris Richter and Louis A. Sherman, appellants.
    Gen. No. 35,904.
    Opinion filed July 13, 1932.
    Abrams, Sherman & Lewis, for appellants; Irving S. Abrams and Preston Clark, of counsel. Herbert G. Immenhausen and Samuel W. Banovitz, for appellee; Clyde C. Fisher, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Harry E. Skinner, trading as Harry E. Skinner Company, appellee, v. Frank Husar, trading as Illinois Surgical Supply Company, appellant.
    Gen. No. 35,920.

      Opinion filed July 13, 1932.
    Nathan Shefner, for appellant. No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Carl A. Leaf, plaintiff in error, v. Richard Guthman, defendant in error.
    Gen. No. 35,923.
    Opinion filed July 13, 1932.
    John E. Erickson, for plaintiff in error. No appearance for defendant in error.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Seng Terminal Warehouse Company, Inc., appellee, v. Briar Products Company, Inc., appellant.
    Gen. No. 35,941.
    Opinion filed July 13, 1932.
    Edward N. Sherburne, for appellant. No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    M. Grusin, trading as M. Grusin Investment Company, appellee, v. John W. Barnes, appellant.
    Gen. No. 35,950.
    Opinion filed July 13, 1932.
    Rehearing denied July 25, 1932.
    Sumner C. Palmer, for appellant. David G. Ealk, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Raymond Hall, plaintiff in error.
    Gen. No. 35,996.
    Opinion filed July 13, 1932.
    W. G. Anderson, for plaintiff in error. John A. Swanson, State’s Attorney, for defendant in error.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Ben Bernstein and Lena Bernstein, defendants in error, v. Valentine F. Glass and Elisabeth Glass, plaintiffs in error.
    Gen. No. 36,002.

      Opinion filed July 13, 1932.
    Rehearing denied July 25, 1932.
    William T. Pridmore, for plaintiffs in error. Ringer, Wilhartz & Hirseh, for defendants in error; Sidney J. Wolf, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Harry Wolchinovsky, conservator, etc., v. Madison & Kedzie State Bank et al. Louis Kaspar et al., appellees, v. Harry Wolchinovsky, etc. Madison & Kedzie State Bank et al. Madison & Kedzie State Bank, appellant.
    Gen. No. 36,117.
    Opinion filed July 13, 1932.
    Winston, Strawn & Shaw, for appellant. Shulman, Shulman & Abrams, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Harry Wolchinovsky, conservator, etc., v. Madison & Kedzie State Bank et al. Straus National Bank & Trust Company, etc., et al., appellees, v. Harry Wolchinovsky, conservator, etc., and Madison & Kedzie State Bank, cross defendants, on interlocutory appeal of Madison & Kedzie State Bank, appellant.
    Gen. No. 36,134.
    Opinion filed July 13, 1932.
    Winston, Strawn & Shaw and Walter V. Eaelder, for appellant; Harold Beacom, Harold A. Smith and Anthony L. Michel, of counsel. Shulman, Shulman & Abrams, for appellees; Meyer Abrams, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court..


text:
    Samuel Marshall, appellee, v. Oscar E. Nelson, appellant.
    Gen. No. 35,798.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932.
    John A. Bloomingston, for appellant. Joseph D. Ryan and Louis P. Miller, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Wm. P. Greenhill and Harold Greenhill, trading as Wm. P. Greenhill & Son, appellees, v. Arthur R. Peterson and Edward Flaherty, appellants.
    Gen. No. 35,810.

      Opinion filed October 4, 1932.
    William B. Greene, for appellants. Marshall & Marshall, for appellees; Frank G. Marshall, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Katharine Clark Littlefield, plaintiff in error, v. William W. Armstrong, defendant in error.
    Gen. No. 35,843.
    Opinion filed October 4, 1932.
    William E. Lane, for plaintiff in error. Beckman, Todd, Hough & Woods, for defendant in error; George E. Woods and Glenn E. Miller, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Julius Petrik, defendant in error, v. Charles Janovsky, plaintiff in error.
    Gen. No. 35,851.
    Opinion filed October 4, 1932.
    Joseph Rosenstein, for plaintiff in error; Julian Kwasigroeh, of counsel. Irene M. Lefkow, for defendant in error.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Christopher Hemrick, appellant, v. Thomas J. Purcell, appellee.
    Gen. No. 35,863.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932.
    Murphy O. Tate, for appellant. Cassels, Potter & Bentley, for appellee; Ralph F. Potter, Kenneth B. Hawkins and George O. Bunge, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Edward C. Kesler, appellee, v. Frank E. Dingle, appellant.
    Gen. No. 35,867.
    Opinion filed October 4, 1932.
    Frank E. Dingle, pro se. Stedman, Kesler, Lewis & Feinstein, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    J. H. Burkhart, appellee, v. David Harold Cashion et al., appellants.
    Gen. No. 35,878.
    Opinion filed October 4, 1932.
    William R. Peacock, for appellants. Theodore Sharf, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Dr. Roy R. Grinker, appellee, v. Carroll, Schendorf & Boenicke, Inc., appellant.
    Gen. No. 35,889.
    Opinion filed October 4, 1932.
    Adams & Adams, for appellant; Prank W. Steel, of counsel. Louis W. Reineeker, Jr., for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Lillian McQuillen, defendant in error, v. William H. Evans, plaintiff in error.
    Gen. No. 35,902.
    Opinion filed October 4, 1932.
    Miller, Gorham, Wales & Adams, for plaintiff in error; Amos C. Miller and Herbert C. DeYoung, of counsel. Clarence Kammermann and J. J. Cooke, for defendant in error.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Anna Hopstein, plaintiff in error, v. Frank Warady, defendant in error.
    Gen. No. 35,911.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932.
    Arnold M. Ehrlich, for plaintiff in error; Elwyn E. Long, of counsel. Meyers & Meyers, for defendant in error.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    George Baptist, appellee, v. Mendelson Bros. Paper Stock Company, appellant.
    Gen. No. 35,930.
    Opinion filed October 4, 1932.
    John A. Bloomingston, for appellant. William Gillespie, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Herman A. Lange, appellee, v. City of Chicago Heights, appellant.
    Gen. No. 35,942.
    Opinion filed October 4, 1932.
    Howard P. Roe, Corporation Counsel, for appellant; Chris D. Gregory, City Attorney, of counsel. C. Helmer Johnson, for appellee.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Harper Moulton, appellee, v. National Builders’ Agency, Inc., appellant.
    Gen. No. 35,948.
    Opinion filed October 4, 1932.
    John A. Pakenham, for appellant; Clyde C. Fisher, of counsel. Ehrhardt, Russell, Murphy & Quigley, for appellee; John A. Russell and Herbert Bebb, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Irene Patterson, appellant, v. The Peoples Trust & Savings Bank of Chicago, appellee.
    Gen. No. 35,954.
    Opinion filed October 4, 1932.
    Michael L. Carmody, for appellant. Cooke, Sullivan & Ricks, for appellee; Edward H. Fiedler and George J. O’Grady, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Union Bank of Chicago, administrator of the estate of Curtis Wall, deceased, defendant in error, v. City of Chicago, plaintiff in error.
    Gen. No. 36,013.
    Opinion filed October 4, 1932.
    William H. Sexton, Corporation Counsel, and Alexander M. Smietanka, City Attorney, for plaintiff in error; Frank H. Novak, Assistant City Attorney, and Carl J. Appell, Assistant Corporation Counsel, of counsel. Charles A. Scott, for defendant in error; Stuart B. Krohn, of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Edward H. Morris, receiver for the Binga State Bank, appellant, v. Adelbert H. Roberts, Sr., appellee.
    Gen. No. 36,027.

      Opinion filed October 4, 1932.
    James B. Oashin, for appellant; Thomas P. Harris, of counsel. Albert B. George, for appellee; Sidney A,. Jones, Jr., of counsel.
   Mr. Presiding Justice Kerner

delivered the opinion of the court.


text:
    Arthur W. Arentsen, plaintiff in error, v. Sherman Towel Service Corporation et al., defendants in error.
    Gen. No. 35,827.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932,
    Edwin B. Bederman and Richard R. Klein, for plaintiff in error; Richard R. Klein, of counsel. Markheim & Allie, for defendants in error; A. R. Miller, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Rose Sassman, appellant, v. Samuel Helberg and Sarah Helberg, appellees.
    Gen. No. 35,875.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932.
    Lewis W. Sehlifkin, for appellant; Irving L. Block, of counsel. Mortimer Porges and Irving G. Zazove, for appellees.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Wallace B. Behnke, appellee, v. Walter E. Gustavson and Hanna C. Gustavson, appellants.
    Gen. No. 35,918.
    Opinion filed October 4, 1932.
    Philip Gothberg, for appellants. Erich E. Pacyna and Osear M. Meusel, for appellee; Erich E. Pacyna, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Mary Shea, appellee, v. National Tea Company, appellant.
    Gen. No. 35,927.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932.
    Soelke, Koehn & Loewy, for appellant. Daniel L. Madden, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Fridolin Pabst, appellee, v. R. M. Eddy Foundry Company, appellant.
    Gen. No. 35,936.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932.
    Castle, Williams, Long & McCarthy, for appellant; Emmett J. McCarthy and Robert R. Hanley, of counsel. Herman Waldman, for appellee; Maurice Washer, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    River Forest Country Club, appellant, v. Frank G. Hinman, appellee.
    Gen. No. 35,945.
    Opinion filed October 4, 1932.
    Ward & Kreitzer, for appellant; Harry K. Ward, of counsel. Kirkland, Fleming, Green & Martin, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Russell Firebaugh, trustee, appellee, v. Lillian H. Braude et al., defendants, on appeal of Frederick B. Keller and Edith H. Keller, appellants.
    Gen. No. 35,453.
    Opinion filed October 4, 1932.
    Samuel Wodika, for appellants. J. S. Dudley, for appellee; Wm. Sherman Stahl, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    E. M. Gattle & Company, appellee, v. James Stanley Joyce, appellant.
    Gen. No. 35,724.
    Opinion filed October 4, 1932.
    Rehearing denied October 15, 1932.
    Brundage, Landon & Holt, for appellant; Robert N. Holt and George Landon, of counsel. Blum & Jacobson, for appellee; Henry S. Blum, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    William F. Arnold, appellant, v. T. A. Jones et al., appellees.
    Gen. No. 35,762.

      Opinion filed October 4, 1932.
    Church, Haft, Robertson, Crowe & Spence, for appellant; George E. Billett, of counsel. No appearance for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Michael Deddo, defendant in error, v. Lake View State Bank et al., plaintiffs in error.
    Gen. No. 35,831.
    Opinion filed October 4, 1932.
    Henry J. Gibbs and Gordon H. Gibbs, for plaintiffs in error. Blanksten, Freeman & Freeman, for defendant in error; H. S. Lansing, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Julius E. Lackner, defendant in error, v. Martin M. Gross, plaintiff in error.
    Gen. No. 35,840.
    Opinion filed October 4, 1932.
    Earl J. Walker, for plaintiff in error. Isador Becker, for defendant in error; Ben A. Stewart, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    McKenzie Mortar Company, appellee, v. Lawrence Natali et al., defendants. Lawrence Natali and Amelia Natali, appellants.
    Gen. No. 35,915.
    Opinion filed October 4, 1932.
    Alfred M. Cordell, for appellants. Caplow, Kallen & Caplow, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Edward C. Camp, formerly trading as Camp’s Dairy Supply House, appellant, v. Louis Cohen and Myer Turbov, appellees.
    Gen. No. 35,924.
    Opinion filed October 4, 1932.
    Ward & Kreitzer, for appellant; Harry K. Ward, of counsel. Cohon & Goldstein, for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Chicago Title & Trust Company, appellee, v. Andrew J. Vlachos et al., defendants, on appeal of Hercules J. Vlachos, appellant.
    Gen. No. 36,071.
    Opinion filed October 4, 1932.
    Harold O. Mulks, for appellant. Litsinger, Healy, Reid & Bye, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Justice Jett

text:
    Second District.
    Herman J. Ohls, appellee, v. J. D. Allen et al., appellants.
    Gen. No. 8,361.
    Opinion filed July 22, 1932.
    Rehearing denied November 1, 1932.
    Floyd E. Eckert, for appellants. V. S. Lumley, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Rockwood Sprinkler Company of Illinois, appellee, v. The Swords Company, formerly Swords Bros. Company, appellant.
    Gen. No. 8,435.
    Opinion filed July 22, 1932.
    Welsh & Welsh and Fisher, Boyden, Bell, Boyd & Marshall, for appellant; Carlton K. Welsh and Earl K. Schiek, of counsel. Whitman, Miller & Coon and William D. Knight, for appellee; Henry G. Miller, William D. Knight and Claud H. Coon, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    P. E. Howard, appellee, v. Estate of Benjamin P. Roberts, deceased, appellant.
    Gen. No. 8,424.
    Opinion filed July 29, 1932.
    W. H. Dyer, for appellant. Anker C. Jensen, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Metropolitan Casualty Insurance Company of New York, appellee, v. T. B. Luhman, appellant.
    Gen. No. 8,444.

      Opinion filed July 29, 1932.
    Hinehcliff, Miller & Thomas, for appellant. North, Linscott, Gibboney & North, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Maria McCraren, defendant in error, v. Louis Amarosi, plaintiff in error.
    Gen. No. 8,399.
    Opinion filed August 17, 1932.
    Maurice R. Marchello, for plaintiff in error. George S. McGaughey, for defendant in error.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    H. A. Maurer & Company, Inc., appellant, v. L. R. Jones, appellee.
    Gen. No. 8,408.
    Opinion filed August 17, 1932.
    Gleim & Colwell, for appellant. Butters & Butters, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    William S. Janes, appellee, v. William Lebowitch and William Ryan. William Lebowitch, appellant.
    Gen. No. 8,462.
    Opinion filed August 25, 1932.
    Thoma, Linden & Hutchinson, for appellant; Bertram E. Rathje, of counsel. No appearance for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    C. W. Frey, appellant, v. Henry Hunzinger, appellee.
    Gen. No. 8,471.
    Opinion filed August 25, 1932.
    O. B. Hughes and Delmar C. Frey, for appellant. Ridgely & Rijlgely and Horace Baker, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


author: Mr. Justice Baldwin

text:
    Dennis L. Collins, appellee, v. Insurance Company of North America, appellant.
    Gen. No. 8,495.

      Opinion filed September 1, 1932.
    Rehearing denied November 1, 1932.
    Thomas J. Welch and Hicks & Folonie, for appellant. Sturtz & Ewan and Andrews & Young, for appellee.
   Mr. Justice Baldwin

delivered the opinion of the court.


text:
    Pleasant R. McIntosh, appellee, v. Joseph M. Bosenbury, appellant.
    Gen. No. 8,500.
    Opinion filed September 1, 1932.
    Joe L. Johnson and Theodore C. Baer, for appellant. Joseph F. Bartley and Herbig Younge, for appellee.
   Mr. Justice Baldwin

delivered the opinion of the court.


text:
    Arthur Rossi, administrator of the estate of Ethel Rossi, deceased, plaintiff in error, v. William. Youblis, Jr., defendant in error.
    Gen. No. 8,513.
    Opinion filed September 1, 1932.
    Knight, Penny & Lupton, for plaintiff in error; Thomas F. Ryan, of counsel. Frank E. Maynard, for defendant in error.
   Mr. Justice Baldwin

delivered the opinion of the court.


text:
    Rose Genschow et al., appellees, v. First Trust Joint Stock Land Bank of Chicago, appellant.
    Gen. No. 8,533.
    Opinion filed September 8, 1932.
    Amberg, Ott, Dahlin & Livingston, for appellant; John A. Brown, of counsel. Jno. P. Pallissard, for certain appellees; F. P. Benjamin, of counsel.
   Mr. Justice Baldwin

delivered the opinion of the court.


text:
    M. Ebert and F. M. Ebert, trading as M. Ebert Company, appellees, v. Premier Malt Products Company, appellant. Premier Malt Products Company, appellant, v. M. Ebert and F. M. Ebert, trading as M. Ebert Company, appellees.
    Gen. No. 8,354.
    Opinion filed September 8, 1932.
    Rehearing denied November 1, 1932.
    Hunter, Kavanagh & McLaughlin, for appellant. Clarence W. Heyl and Harry C. Heyl, for appellees; Heyl & Heyl, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Hjalmar Burman, appellant, v. Rockford Public Service Company, appellee.
    Gen. No. 8,430.
    Opinion filed September 8, 1932.
    William D. Knight and Karl C. Williams, for appellant. Hall & Dusher, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Stella Dombrowsky, appellee, v. Prudential Insurance Company of America, appellant.
    Gen. No. 8,454.
    Opinion filed September 8, 1932.
    Hoyne, O’Connor & Rubinkam and Edwards & Block, for appellant. Cassels, Potter & Bentley and Diver & Populorum, for appellee; Ralph F. Potter and Robert B. Johnstone, of counsel.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    Wilmetta Ellis, appellant, v. The National Bank of Pontiac, appellee.
    Gen. No. 8,484.
    Opinion filed September 8, 1932.
    Greenebaum & Burns, for appellant; H. G. Greenebaum, Cyril A. Burns and A. H. Fellheimer, of counsel. Adsit, Thompson & Herr, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


author: Mr. Presiding Justice Niehaus

text:
    Third District.
    Bart Gillam and Vesta Gillam, appellees, v. Johnson Oil Refining Company, appellant.
    Gen. No. 8,562.
    Opinion filed May 11, 1932.
    Rehearing denied October 4, 1932.
    L. E. Murphy, Charles W. Flack and Flack & Kerman, for appellant. Downing & Helfrich and Hartzell, Cavanagh & Martin, for appellees.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


author: Mr. Justice Eldredge

text:
    William L. James, appellee, v. Motor Transit Management Company, appellant.
    Gen. No. 8,564.
    Opinion filed May 11, 1932.
    Rehearing denied October 4, 1932.
    Covey & Woods, for appellant. Harold F. Trapp, for appellee.
   Mr. Justice Eldredge

delivered the opinion of the court.


author: Mr. Justice Edwards

text:
    Fourth District.
    The People of the State of Illinois, petitioner, v. Thomas J. Hayes, Jr. et al., defendants.
    Opinion filed June 24, 1932.
    Rehearing denied August 4, 1932.
    Chester H. Farthing, for appellants. F. E. Merrills and Baker & Lesemann, for appellee.
   Mr. Justice Edwards

delivered the opinion of the court.


author: Mr. Presiding Justice Barry

text:
    The People of the State of Illinois, defendant in error, v. Irene Henderson, plaintiff in error.
    Opinion filed September 19, 1932.
    Meyer & Meyer, for plaintiff in error; Stanford S. Meyer, of counsel. J. H. Allio, State’s Attorney, for defendant in error.
   Mr. Presiding Justice Barry

delivered the opinion of the court.


text:
    James M. Thompson et al., appellants, v. John L. Douglass et al., appellees.
    Opinion filed September 19, 1932.
    Rehearing denied October 22, 1932.
    C. J. Anderson and Williamson, Burroughs & Simpson, for appellants. Green & Yerlie, for appellees; Karl K. Hoagland, of counsel.
   Mr. Presiding Justice Barry

delivered the opinion of the court.


text:
    Wavyzelle Abner, appellee, v. Gregor Sido, appellant.

      Opinion filed September 19, 1932.
    James L. Reed and Wm. G: Burroughs, for appellant; Williamson, Burroughs & Simpson, of counsel. Geers & Geers, for appellee.
   Mr. Presiding Justice Barry

delivered the opinion of the court.


author: Mn Presiding Justice Barry

text:
    Rinard Banking Company, appellee, v. H. J. Cunningham et al., appellants.
    Opinion filed September 19, 1932.
    Donovan D. McCarty, for appellants. Smith & Smith and Creighton & Thomas, for appellee.
   Mn Presiding Justice Barry

delivered the opinion of the court.


text:
    John Mann, appellant, v. Seretta Mann, appellee.
    Opinion filed September 19, 1932.
    Virgil W. Mills, for appellant. Creighton & Thomas, for appellee.
   Mr. Justice Edwards

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Henry Huff, plaintiff in error.
    Opinion filed September 19, 1932.
    F. M. Guinn, for plaintiff in error. J. H. Allio, State’s Attorney, for defendant in error.
   Mr. Justice Edwards

delivered the opinion of the court.


text:
    Amma Raybourn, appellee, v. Marion Building & Loan Association, appellant.
    Opinion filed September 19, 1932.
    Rehearing denied October 24, 1932.
    Denison & Spiller and Ferrell & Hay, for appellant. Conger & Elliott, for appellee.
   Mr. Justice Edwards

delivered the opinion of the court.


author: Mr. Justice Fulton

text:
    Emmett E. Middleton, appellant, v. North American Protective Association, appellee.

      Opinion filed September 19, 1932.
    Rehearing denied October 10, 1932.
    William' A. Mills, for appellant. John A. MaeNeil and Gillespie, Burke & Gillespie, for appellee.
   Mr. Justice Fulton

delivered the opinion of the court.


text:
    John Javorchik, appellee, v. McKesson-Schuh Drug Company, appellant.
    Opinion filed September 19, 1932.
    Denison & Spiller and Stone & Fowler, for appellant. D. L. Duty, for appellee.
   Mr. Justice Fulton

delivered the opinion of the court.


text:
    In re Estate of Henry (Heinrich) Albrecht, deceased. Herbert C. Crocker, administrator de bonis non with the will annexed of the estate of Henry Albrecht, deceased, appellant, v. Herman Albrecht and Fritz Albrecht, appellees.
    Opinion filed September 19, 1932.
    J. F. Beck, for appellant. Springer & Springer, for appellees.
   Mr. Justice Fulton

delivered the .opinion of the court.

L


text:
    Charles Hunter, by His Next Friend, Morris Harry, Appellee, v. Egolf Motor Company, Appellant.
    Gen. No. 8,414.

      Heard in this court at the October term, 1931.
    Opinion filed July 22, 1932.
    Rehearing denied November 1, 1932.
    Weil, Bartley & Weil, for appellant; Hereto Younge, of counsel.
    Willard B. Gaskins, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.

'On November 27, 1929, Charles Hunter, appellee, who prosecutes by his next friend, entered into a contract with Egolf Motor Company, a corporation, appellant, for the purchase of an Oldsmobile automobile for the sum of $1,141 and gave in part payment thereof one used. Dodge coupe at a value of $350, and paid in cash the sum of $140 and gave his note for the remainder of the purchase price of $651 payable in instalments at the rate of $47 per month beginning December 27, 1929. At the time of the sale appellee executed a conditional sales contract. Upon the execution of the contract appellant received the money and the used car of appellee, and delivered to him the Oldsmobile car.

On or about December 24, 1929, appellee, in accordance with the terms of the contract, remitted to the appellant the sum of $47 as a payment upon the said note under the terms and conditions of the agreement.

The conditional sales contract, by the terms thereof, provided that the legal title to the said car should not pass to the purchaser until paid for in full,

At the time of the making of the contract Charles Hunter, appellee, was a minor under 18 years of age, although he represented to appellant that he was 22 years of age. Appellant was and had been for some time a dealer in automobiles in the City of Peoria, Illinois.

About January 15, 1930, appellee experienced some difficulty with the operation of the Oldsmobile automobile and returned it to appellant, who made certain repairs thereon, namely, the placing therein of a piston and a key in the crank shaft.

Upon the completion of the repairs appellee called for the car and was presented with a bill for the repair thereof in the sum of $27. This he declined to pay because he claimed that the trouble he had experienced was a defect in the car and covered by the dealer’s warranty thereon. Considerable argument took place between appellee and the manager and the foreman of the appellant company. Appellee was then directed to see another officer of the appellant company. After some discussion of the matter with such officer, appellee stated to the officer of appellant company that he was a minor and not bound by such contract and thereupon demanded the return of the money he had paid .and the Dodge coupe he had delivered as part payment for the Oldsmobile. This appellant refused to do. Other conferences were had but the appellant retained the Oldsmobile as well as the money and the Dodge coupe and refused to return the money paid by appellee or the Dodge coupe.

Appellee, having repudiated his contract with appellant, filed a suit before a justice of the peace to recover the consideration he had paid upon such contract and appellant filed its counterclaim therein praying recoupment against the defendant for alleged damages in the sum of $551.40. The amount of this damage is alleged to be occasioned by the depreciation in the value of the Oldsmobile automobile and determined by deducting its alleged market value at the time of its return from the contract sale price to appellee. After trial in the justice court an appeal was had to the circuit court of Peoria county where the cause was tried with a jury, which resulted in a verdict in the sum of $350 in favor of appellee (plaintiff).

Appellant filed its motion to set aside the verdict but such motion was overruled and judgment entered upon the verdict in favor of said appellee for the sum of $350. This appeal .is prosecuted by 'the appellant.

There is little difference between the parties as to the facts in this cause. There is no doubt but that appellee was a minor at the time of the making of the contract and that he falsely represented to the appellant that he was 22 years of age.

The principal question arising on this record is: Can a minor falsely represent his age to a company for the purpose of making a contract of purchase and procure property under such contract and then be entitled to rescind the contract and recover the amount he has p°aid on the obligation? Similar questions have been before the courts of this country on various occasions and the decisions are not wholly uniform, yet the weight of modern authority is to treat all contracts with infants, except for necessaries, as .voidable at the instance of the infant.

The general rule applicable to contracts, other than for necessaries, is that an infant is not liable thereon but is liable for his torts. In holding an infant liable for his torts the law is solicitous not to impair the immunity given him against liability upon his contracts. It has been said that the only satisfactory test is, Can an infant be liable for a tort without directly or indirectly enforcing his promise under a contract?

In Hauser v. Marmon Chicago Co., 208 Ill. App. 171, the court, in a memorandum opinion, held that, ‘‘Minors, upon restoration of an automobile to the seller, although it has been used and has deteriorated in value, are entitled to rescind the contract of sale and recover back that part of the purchase price which has been paid.”

The rule as announced in Ashlock v. Vivell, 29 Ill. App. 388, would seem to be that if a minor falsely represents his age to a person to buy something with the intention of never paying for it, then such act would be a tort and in such case an infant would not be relieved from the damage caused the other party by his tort, but if a minor falsely represents his age to another for the purpose of making a purchase with the intention of carrying out his contract, then his failure to carry out the contract is a breach of contract and not a tort and he cannot be held liable for the damage that he has caused. The court also, in its opinion in the same case, upon page 392, quoted with approval Cooley on Torts as follows: “There are some cases, however, in which an infant cannot be held liable as for a tort, though on the same state of facts a person of full age and legal capacity might be. The distinction is this: If the wrong grows out of contract relations, and the real injury consists in the nonperformance of a contract into which the party wronged has entered with an infant, the law will not permit the former to enforce the contract indirectly, by counting on the infant’s neglect to perform it or omission of duty under it as a tort. The reason is obvious. To permit this to be done would deprive the infant of that shield of protection which, in matters of contract, the law has wisely placed before him.”

The court also quoted Chancellor Kent (2 Kent’s Com. page 277, 10th Ed.) as follows: “The fraudulent act, to charge him, must be wholly tortious, and a matter arising ex contractu, though infected with fraud, cannot be changed into a tort in order to charge the infant in trover, or case, by a change in the form of the action.”

“While an infant is liable for his torts generally, where they have no basis in any contract relation, a matter arising ex contractu, though infected with fraud, cannot be changed into a tort to charge the infant by a change of the remedy, and a fraudulent act, to render the infant chargeable therewith, must be wholly tortious.” Collins v. Gifford, 203 N. Y. 465; vol. 26 Am. and Eng. Ann. cases, 969.

“And so jealous is the law of the rights of infants, that where a tort is committed by an infant growing out of a contract the infant is not liable if the basis of the cause of action be contract.” Covault v. Nevitt, 157 Wis. 113; vol. 39 Am. and Eng. Ann. cases, 959— 962; 22 Cyc. 621; Sikes v. Johnson, 16 Mass. 389.

In the case at bar the evidence clearly establishes the fact that the automobile sold to appellee was not obtained by fraud but on the contrary was obtained as a result of a contract between the parties. This contract, as has been seen, was not a void contract but only voidable at the instance of the minor. It is apparent that the minor at the time of the making of such contract intended to fulfil the obligations thereof. He delivered his car and paid $140 in cash at the time of the making of such contract and thereafter duly paid the first instalment thereon, prior to its due date, to appellant. Before another instalment became payable the dispute arose between the parties — not as to any fraudulent act — but solely as to the rights of the parties under the terms and conditions of the contract between the parties. It must therefore be apparent that this controversy grows out of the contract and is not the result of a tortious act.

The exercise of a minor’s right to disaffirm his contract may operate injuriously and sometimes unjustly against the other party, but the right exists for the protection of the infant against his own improvidence and may be exercised entirely in his discretion. (Wuller v. Chuse Grocery Co., 241 Ill. 398.)

We hold the question arising on this record was not involved in the case of Davidson v. Young, 38 Ill. 145, cited by appellant.

It is urged by appellant that counsel for appellee made prejudicial remarks in his argument to the jury, while it is contended by appellee that the remarks of which complaint is made were brought on by prejudicial remarks of the counsel for appellant. Without expressing any opinion as to the origin of any improper remarks it appears that certain improper remarks were made by counsel on both sides of the case.

It is the unquestionable privilege of counsel to indulge in all fair argument in favor of the contentions of his client so far as the same is predicated upon the evidence in the case or inferable therefrom, but this privilege is not extended to include matters outside the record or to the remarks appealing to passion or prejudice of the jury.

Improper remarks by counsel in any case have no place in arguments to juries and such practice is and properly should be disapproved. In this case, however, we find that counsel on both sides of the case made improper remarks in their respective arguments and under such case neither is in a position to complain. Kenna v. Calumet, H. & S. E. R. Co., 284 Ill. 301, page 312.

Appellant complains of the instructions bearing upon the measure of damages. We have examined the instructions in this case and find that the trial court was very liberal to appellant in its instructions to the jury.

Appellee has urged that some of the defendant’s instructions were erroneous, but has assigned no cross error, so that the same cannot be considered. We fail to find that reversible error was committed in the trial of the cause.

The judgment of the circuit court is affirmed.

Affirmed.