text:
    In re W. H. Todd, Insolvent Debtor.
    1. Insolvent debtors — meaning of the term “malice.”. The term “malice,” as used, in the Insolvent Debtors Act, Cahill’s St. ch. 72,¶ 4 et seq., applies to that class of wrongs which are inflicted with an evil intent, design or purpose, and implies that the guilty party was actuated by improper and dishonest motives, and requires the intentional perpetration of an injury or wrong on another.
    2. Insolvent debtors — malice as not gist of action for automobile collision. Where an automobile going thirty-two miles an hour is struck by another automobile going fifty miles an hour upon a public highway in the same direction, as the driver of the latter, with his wife, child and mother in the car, cuts in ahead to avoid a collision with an oncoming automobile, the injury was not inflicted with am evil intent and purpose, and malice is not the gist of the action under the Insolvent Debtors Act, Cahill’s St. ch. 72, ¶ 4 et seq.
    3. Insolvent debtors — what is not a failure to list assets in petition, for discharge. Where a verified petition of a debtor for discharge under the Insolvent Debtors Act, Cahill’s St. eh. 72, from arrest purports to set out his entire assets, and the averments as to what property he owns are not traversed and the court does not order him to schedule his property or any part thereof, but on cross-examination it is brought out that he had insurance on his automobile and had surrendered the policy for a small sum of money, a discharge should not be refused on the ground that he had not made a full, fair and complete schedule of his estate, it appearing that the policy was surrendered several months before filing the petition and before the debtor knew he was going to be sued.
    Appeal by petitioner from the County Court of St. Clair county; the Hon. Waldemar R. Weber, Judge, presiding.
    Heard in this court at the March term, 1927.
    Reversed and remanded with directions.
    Opinion filed August 3, 1927.
    T. S. Morgan, for appellant.
    Clyde D. Miller, for appellee.
   Mr. Presiding Justice Barry

delivered the opinion of the court.

Fred Stark sued W. H. Todd before a justice of the peace for injuries to his car and recovered a judgment for $300. The justice issued a ca. sa., under which Mr. Todd was arrested and placed in the county jail. He afterwards filed a petition in the county court asking that he be discharged under the provisions of the Insolvent Debtors Act, Cahill’s St. ch. 72. Upon a hearing the court held that malice was the gist of the action wherein Stark recovered the judgment and that Todd had not made a full, fair and complete schedule of his estate. The court entered an order denying the prayer of the petition and remanded the petitioner to the custody of the sheriff.

The record discloses that Mr. Stark was driving a Studebaker and Mr. Todd a Pontiac, both going in an easterly direction upon a public highway toward Mascoutah. That about the time Mr. Todd was attempting to pass Mr. Stark*a Ford car was coming toward them and in order to avoid the Ford, Mr. Todd attempted to cut in ahead of Mr. Stark, and in doing so the cars collided.

At the time of the collision. Mr. Todd’s wife and child and his mother were in the car with him. The evidence tends to show that' Mr. Todd testified before the justice of the peace that he was going about fifty miles an hour and there is evidence to the effect that Mr. Stark was driving thirty-two or thirty-three miles per hour.

Mr. Stark testified in the county court that there was a Ford coming from Mascoutah. “That is why he cut in ahead of me, to keep from colliding. He was in the way of the Ford coming west. He would have been if he had stayed on the left side. ’ ’ In the state of the proof, we are of the opinion that it cannot be properly said that malice was the gist of the action before the justice of the peace.

The term “malice” as used in the Insolvent Debtors Act, Cahill’s St. ch. 72, applies to that class of wrongs which are inflicted with an evil intent, design or purpose. It implies that the guilty party was actuated by improper and dishonest motives and requires the intentional perpetration of an injury or wrong on another. The gist of an action is the essential ground or principal subject matter without which the action could not be maintained. Seney v. Knight, 292 Ill. 206; Greener v. Brown, 323 Ill. 221. From the testimony of Mr. Stark above quoted, it is quite apparent that the injury to his car was not inflicted by Mr. Todd with an evil intent, design or purpose. That being true the court erred in holding that malice was the gist of the action.

The court found that Mr. Todd had not made a full, fair and complete schedule of his estate. His petition, which was duly verified, purported to set out his entire assets. No answer was filed to that petition, but upon cross-examination of the petitioner it was brought out that he had insurance on his car and that he had turned the policy back to the company in consideration of $80, and that this was done several months before he filed his petition. The undisputed evidence is to the effect that Mr. Todd surrendered the policy before he was sued by Mr. Stark and before he knew that he was going to be sued. The averments of his petition, as to what property he owned, were not traversed and the court made no order requiring him to schedule his property or any part thereof. In the state of the proof the court erred in refusing to discharge him because he had not made a full, fair and complete schedule of his estate. For the reasons aforesaid the judgment of the county court is reversed and the cause remanded with directions to enter an order discharging the petitioner and that Fred Stark pay the costs in both courts.

Reversed and remanded with directions.


source: Caselaw Access Project

author: Mr. Justice Boggs

license: Public Domain

text:
    J. H. Benjamin et al., Plaintiffs in Error, v. Manufacturers Terminal Company et al., Defendants in Error.
    Gen. No. 7,742.
    1. Appeal and error — hill for specific performance of contract to transfer stock as not involving freehold. A bill for the specific performance of a contract for the transfer of stock in a corporation which has title to land does not involve a freehold.
    2. Equity — right of voluntary dismissal without prejudice. A complainant has the right at any time before final decree to dismiss his bill at his costs without prejudice, where no cross-bill has been filed.
    3. Equity — voluntary dismissal without prejudice after oral decision. Although a chancellor hearing a cause has orally decided the same and has ordered a decree to be prepared dismissing a bill or a cross-bill for want of equity, the complainant in the original bill or in the cross-bill is not deprived of his right to dismiss his bill or his cross-bill without prejudice before the decree is filed.
    4. Equity — presumption on amending hill by omitting some complainants. On amending a bill by omitting some of the complainants it will be presumed that they were omitted by consent, unless they, either in person or by counsel other than.' counsel filijig the original bill, object to being omitted.
    5. Equity — nature of motion to set aside leave to file amended bill. A motion by defendants to set aside leave granted plaintiffs to file an amended bill and to strike said bill from the files and to dismiss the cause for want of equity, amounts to a general demurrer.
    6. Equity — matters not affecting right of plaintiff to dismiss hill without prejudice. The right of plaintiffs to dismiss their bill without prejudice is not affected by the fact whether or not it stated a cause for equitable relief, and whether or not is disclosed on its face a want of proper parties.
    7. Equity — dismissal of hill for want of equity after plaintiffs’ motion to dismiss. A court has no authority to dismiss a bill for want of equity after plaintiffs have entered a motion to dismiss their bill without prejudice.
    8. Equity — dismissal without prejudice of hill amended by omitting complainants against whom defendant has rights. The fact that a bill for specific performance of a contract for the sale of stock is amended by omitting some complainants against whom the defendants have certain right, does not give defendants a right to complain of a voluntary dismissal of the amended bill without prejudice, where no cross-bill has been filed.

      9. Equity — amendment of bill by omitting a defendant as a dismissal. The amendment of a bill by omitting one of the defendants as a party amounts to a dismissal of the proceeding as against that person.
    10. Appeal and error — necessity of parties on review who were omitted from amended bill. Where a bill is amended by omitting parties plaintiff and defendant and plaintiffs dismiss the bill without prejudice, on writ of error to review an order vacating leave to file an amended bill, striking the same from the files and dismissing the cause for want of equity, and an order denying a motion to vacate the order dismissing the bill for want of equity and to reinstate an order granting leave to dismiss the bill without prejudice, the Appellate Court is not without jurisdiction to consider the ease for want of proper parties, where one of the omitted defendants had died prior to the amendment and his executrix who had been made a party as such was not served with process, and where all the parties affected by the ruling on the amended bill were parties to the proceeding, either as plaintiffs or defendants in error.
    11. Equity — purpose of dismissing bill without prejudice as not affecting the right. The right of plaintiffs to dismiss their bill without prejudice is not affected' by their purpose to institute further proceedings touching the matter in controversy.
    12. Equity — amended bill as leaving only one bill pending. On the filing of an amended bill by leave, there are not two bills pending, as the amended bill is considered as the original bill.
    13. Equity — necessity that “without prejudice’’ should be stated in motion. The court may on motion dismiss a bill without prejudice although the motion does state without prejudice.
    Error by plaintiffs to the Circuit Court of Lake county; the Hon. Claire C. Edwards, Judge, presiding.
    Heard in this court at the April term, 1927.
    Reversed and remanded with directions.
    Opinion filed December 15, 1927.
    Deneen, Healy & Lee, Charles V. Barrett and John T. Tyrrell, for plaintiffs in error.
    Leslie A. Needham, for certain defendants in error.
   Mr. Justice Boggs

delivered the opinion of the court.

On August 9,1923, plaintiffs in error J. H. Benjamin and Harry W. Huttig, together with Frank R. Dennis, George Wilkins, John J. Daehler and Arthur Cameron, filed a bill for specific performance in the circuit court of Lake county against defendants in error and H. V. Finkelstein and Lenore Finkelstein.

A general demurrer to said bill was filed by the defendants. On October 13, 1923, an order was entered, on motion of the complainant Cameron, dismissing the bill as to him for want of equity. On the same day, leave was granted to complainants in said bill to file an amended bill within ten days.

On October 22,1923, plaintiffs in error alone filed an amended bill against defendants in error, Manufacturers Terminal Company, H. V. Finkelstein, William A. Hogan, Walter A. Stone, Mabel Hatton, John Gavin, Security Savings Bank of Waukegan, Illinois, and Theodore Durst, alleging among other things that the Manufacturers Terminal Company, whose principal place of business was at Waukegan, Illinois, owned certain improved real estate in said city, consisting of about 30 acres of land, with some 40 buildings thereon, adapted to and used for manufacturing purposes; that on March 25, 1922, H. V. Finkelstein was the owner and had possession of the entire capital stock of said company, consisting of 250 shares of the par value of $100 each, and that on said day the said Finkelstein entered into an agreement with plaintiff in error Benjamin for the sale of said stock to him, which contract or agreement was set out in haec verba. Said amended bill alleged performance on the part of said Benjamin, and prayed that the defendant “H. V. Finkelstein be ordered and required to transfer and convey to your orator all of his right, title and interest in and to said 250 shares of the capital stock of the Manufacturers’ Terminal Company, and that the said Walter A. Stone, John Gavin and Mabel Hatton, be ordered and directed by decree of this Court to transfer, assign and deliver to your orators the certificates for 250' shares of the capital stock of the Manufacturers’ Terminal Company,” etc.

On November 3, 1923, George Wilkin, one of the complainants in the original bill, filed a petition setting forth that he had not authorized anyone, as attorney or otherwise, to drop him from said proceedings; that in his judgment the equities of said cause were with the defendants to said bill, and authorized the court to adjudge said cause against him and in favor of said defendants.

On August 18, 1924, the death of H. V. Finkelstein was suggested, and an order was entered, granting leave to plaintiffs in error to make Lenore Finkelstein, his executrix, a party defendant, and summons was ordered to issue, as to her, returnable at the October term. All other defendants were ruled to plead by September 24, 1924.

On October 18, 1924, on motion of the defendants, an order was entered, striking said amended bill from the files. Thereupon, plaintiffs in error filed a petition for leave to file a second amended bill. Objections were filed thereto. The court, however, on October 29, 1924, entered an order granting leave to file such bill instanter. On November 18,1924, on motion of plaintiffs in error, said second amended bill was dismissed without prejudice. On November 20, 1924, on motion of defendants in error, an order was entered by the court, vacating the leave to file said second amended bill, striking the same from the files, and dismissing said cause for want of equity: Thereafter, and at the same term, plaintiffs in error made a motion to vacate the order dismissing said bill for want of equity, and to reinstate the order granting leave to them to dismiss said bill without prejudice, which motion was denied. To reverse said order and decree, this writ of error is prosecuted.

It is urged by counsel for defendants in error that the amended bill of plaintiffs in error puts in issue a freehold, and that this cause should be transferred to the Supreme Court. The amended bill alleges that the title to the real estate described therein is in the Manufacturers Terminal Company, the stock of which is alleged to have been owned by H. V. Finkelstein. The bill seeks specific performance of the contract for the transfer of said stock, and not for a conveyance of the real estate owned by said corporation. A freehold therefore is not involved. Nevitt v. Woodburn, 175 Ill. 376-381; Klein v. Independent Brewing Ass’n, 231 Ill. 594-602; People v. Dennett, 276 Ill. 43-46; Lennartz v. Boddie, 304 Ill. 484-488.

Plaintiffs in error filed a petition in the trial court for a change of venue on account of the alleged prejudice of the trial judge. This petition was denied, and error was assigned thereon. In our view of this record, it will not be necessary for us to pass on this question.

It is a well-established principle of equity pleading that where no cross-bill has been filed, a complainant has the right, at any time before final decree, to dismiss his bill at his costs, without prejudice. Mohler v. Wiltberger, 74 Ill. 163-164; Purdy v. Henslee, 97 Ill. 389-392; Blair v. Reading, 99 Ill. 600-612, 613; Reilly v. Reilly, 139 Ill. 180-184; Langlois v. Matthiessen, 155 Ill. 230; Bates v. Skidmore, 170 Ill. 233-235, 236; Paltzer v. Johnston, 213 Ill. 338-339; Whitaker v. Irons, 300 Ill. 254. Even where the chancellor hearing a cause has orally decided the same and has ordered a decree to be prepared, dismissing a bill or cross-bill for want of equity, the complainant in the original bill or in a cross-bill is not deprived of his right to dismiss his bill or cross-bill without prejudice, before the decree is filed. Hughs v. Washington, 65 Ill. 245; Purdy v. Henslee, supra, 392; Paltzer v. Johnston, supra, 339; Williams v. Breitung, 216 Ill. 299-305, 307.

The practice in chancery in this State is the same as the English practice, under which the complainant retains the right to control the suit, and may dismiss it at his discretion at any time before decree actually entered. Fischheimer v. Kupersmith, 258 Ill. 392,

Counsel for defendants in error concede that as a general proposition the law is as above stated. Counsel contend, however, that these rules do not apply in this case, for the reason that there are parties omitted from the amended bill who, “claimed by assignment a fractional interest in common in the contract sought to be enforced, and against whom the defendants would have valuable rights as beneficial guarantees. It is equally beyond controversy that defendants H. V. Finkelstein and Lenore Finkelstein, who are alleged to be owners of the property affected, are omitted,” and that the trial court was without jurisdiction to permit plaintiffs in error to dismiss their amended bill without prejudice, for want of proper parties. It is also insisted that this court is without jurisdiction to pass on the assignment of errors for want of proper parties ; that said omitted complainants and H. V. Finkelstein and Lenore Finkelstein should have been made parties plaintiff or defendant to this writ of error in order to give this court jurisdiction to pass on the assignment of errors.

The record discloses that H. V. Finkelstein departed this life prior to the filing of said second amended bill, and that Lenore Finkelstein, his executrix, was made party defendant to said second amended bill and that summons had been sued out against her but had not been returned at the time said second amended bill was dismissed; that the original bill filed in this cause did not pray any specific relief against Lenore Finkelstein, and that after the demurrer was sustained to the original bill, plaintiffs in error in their amended bill did not make Lenore Finkelstein a party defendant.

Unless the complainants who were omitted from the amended bill, either in person or by counsel other than counsel filing the original bill, should object to being omitted from the bill as amended, it would be presumed that they were omitted by their consent. Hea cock v. Durand, 42 Ill. 230-233; Girard v. Lehigh Stone Co., 280 Ill. 479. In the latter case the court in discussing the matter of amending bills and the omission of certain complainants, at page 485, says:

"The rule is recognized in equity, as in law, that all the parties who join in a suit must be entitled to recover or none can. If any one or more of the complainants in a suit in equity failed to maintain a case against the defendant, the remainder of the parties, in order to maintain their suit against the defendant, must by leave of court amend their bill by striking out the names of such co-complainants who have no cause of action.” Citing Story’s Equity Pleading, sec. 525c; Lovelace v. Hutchinson, 106 Ala. 417, 17 So. 623.

If the complainants Cameron or Wilkin desired to have the bill dismissed as to them, they had that right. However, that would not take away the right of plaintiffs in error, by leave of court, to amend their bill, without being compelled to join parties who .were not in accord with them.

On the motion of defendants in error to set aside the leave granted plaintiffs in error to file said second amended bill, and to strike said bill from the files and to dismiss said cause for want of equity, such motion would amount to a general demurrer. Grimes v. Grimes, 143 Ill. 550-556; Leonard v. Arnold, 244 Ill. 429-432; Lavin v. Board of Com’rs of Cook Co., 245 Ill. 496-509; Dunne v. Rock Island County, 273 Ill. 53-58; Boston Store v. Retail Clerks International Protective Ass'n, 216 Ill. App. 428-436.

If the allegations of the second amended bill disclosed a right to equitable relief in plaintiffs in error, the court should have overruled said motion. However, we do not regard the question of the sufficiency of said bill as important here. There being no cross-bill on file, plaintiffs in error had the absolute right to dismiss their bill without prejudice, whether or not it stated a cause for equitable relief, and whether or not it disclosed on its face a want of proper parties. In Whitaker v. Irons, supra, the court in discussing a question of this character at page 256 says:

“The complainant retains the absolute control of the suit and may dismiss it, at his discretion, at any time before decree actually rendered.” Citing Purdy v. Henslee, supra; Williams v. Breitung, supra; Fischheimer v. Kupersmith, supra.

Plaintiffs in error, having entered a motion to dismiss their second amended bill without prejudice, and there being no cross-bill on file, the trial court had no authority to dismiss said bill for want of equity. In Pingrey v. Rulon, 246 Ill. 109, the court at page 122 says:

“It was not necessary for the complainants to proceed further after their motion to dismiss their original bill had been denied, and if, instead of amending their bill, they had stood by their motion to dismiss, the court would have been without jurisdiction to proceed further.”

Counsel for defendants in error contend that the record discloses that defendants in error had certain rights as against said omitted complainants, under certain guarantee contracts, and that the court should not allow said cause to proceed without said parties. If defendants in error desired relief under said guarantee contracts, they should have answered said bill and filed a cross-bill. In that event, plaintiffs in error would not have been entitled to have their bill dismissed. No cross-bill having been filed, defendants in error are in no position to complain.

In reference to the contention of counsel for defendants in error that this court is without jurisdiction to consider this case for want of proper parties, it is only necessary to add that no specific relief was prayed against Lenore Finkelstein in the original bill, and after the demurrer was sustained to said original bill, she was omitted as a party defendant. That amounted to a dismissal of said proceeding as against her. Heacock v. Durand, supra; MacLachlan v. Pease, 171 Ill. 527; Malleable Iron Range Co. v. Pusey, 244 Ill. 184-200. H. V. Finkelstein had died prior to the filing of the second amended bill and Lenore Finkelstein, his executrix, while made a party as such, had not been served, so she was not affected by the action of the court in this proceeding. All of the parties affected by the ruling of the court on the second amended bill were parties to this proceeding, either as plaintiffs or defendants in error, and that was all that was necessary. Harms v. Jacobs, 155 Ill. 221-222; Clark v. Zaleski, 268 Ill. 427-434.

Counsel for defendants in error strongly intimate that plaintiffs in error desire to dismiss their bill without prejudice, for the purpose of instituting further proceedings touching the matters in controversy. Whether or not counsel are right in this contention is immaterial. In Williams v. Breitung, supra, the court in discussing a like question at page 308 says:

“It has been held that the rule, that the complainant has the right to dismiss his bill without prejudice on payment of costs, is subject to the exception that such permission to dismiss a bill without prejudice may be refused, if the dismissal would work a prejudice to the other party. But ‘it is not regarded as prejudicial to the defendant that the complainant dismisses his own bill, simply because the complainant may file another bill for the same matter. ’ (Bates v. Skidmore, 170 Ill. 233.) The only prejudice to his own interests, which the appellant here insists upon as likely to occur from the dismissal of the bill without prejudice, is that another bill may be filed against him for the same matter. If such were the case, there would be no such prejudice to his right under the authorities as to justify this appeal."

One of the cases cited and relied upon by defendants in error, on their proposition that plaintiffs in error had no right to omit certain original complainants from their amended bill, is Lee v. City of Casey, 269 Ill. 604. In that case, Hugh T. Bragg and John Carr, taxpayers, on behalf of themselves and all other persons similarly situated, filed a bill in the circuit court of Clark county, running to the November term, 1912, against the city of Casey and other defendants, to enjoin the levy and collection of certain taxes which the bill alleged were illegal. At that term of court the bill was dismissed as to Carr. The remaining complainant filed a petition stating that other taxpayers of the city of Casey desired to join with him as co-complainants, and asked leave to file an amended and supplemental bill. Such leave was granted. On the last day of the November term, 1914, Bragg and certain other complainants asked that the suit be dismissed as to them, and an order was so entered. Thereafter the defendants moved to dismiss said bill for the reason that the original complainants who had filed the same had both been dismissed. The motion was allowed and the bill was dismissed. The Supreme Court in discussing this question at page 605 says:

“The appellees have filed a motion to dismiss the appeal for the reason that there were seven complainants in the cause at the time it was dismissed, that a joint appeal was prayed and allowed, and that only three of the complainants, the appellants here, executed the appeal bond and. joined in the appeal. This motion was taken with the case. The theory upon which this motion is made is, that the suit was, in fact, dismissed upon the dismissal of Bragg, the only remaining original complainant, on November 13, 1914, and as it involves a determination of the main qfiestion presented for review by this appeal it will not be treated or discussed separately. * * *
“After appellants had been permitted to join as complainants they became vested with an interest in the subject matter of the suit, and the original complainant thereafter did not have the power to dismiss the suit to their prejudice. * * *
‘ ‘ The dismissal as to Bragg and the other complainants did not have the effect of dismissing the suit, and the court erred in entering its order dismissing the suit nunc pro time as of November 13, 1914.”

In this case, if Dennis, Wilkins, Daehler and Cameron did not desire to prosecute the bill in question, and, either at their own request or by action of plaintiffs in error, they were dismissed out of the suit and made no objection thereto, plaintiffs in error had the right to amend their bill and to proceed with the cause. If, on the hearing, other persons were found to be necessary parties then the court of necessity would dismiss the proceeding for want of proper parties.

Counsel for defendants in error apparently hold the theory that the original bill and the amended bill were both pending in the trial court at the same time. This theory is not well founded. In Bradish v. Grant, 119 Ill. 606, the court in discussing a question of this character at page 611 says:

“In the entitling of the cause in the decretal order, it is styled ‘bill and amended bill, ’ and the decree dismisses the amended bill, at the complainant’s costs, for want of equity. The amendment of a bill does not put two bills into the case. There remains afterward but one bill, — the bill as amended. The dismissal of the amended bill, here, meant dismissing the bill as amended. An amended bill is considered as an original bill.”

Counsel allude to the fact that the motion made by plaintiffs in error to dismiss their second amended bill did not state “without prejudice,” and contend that the court was not warranted in so dismissing the same. This point is not well taken. In Bates v. Skidmore, supra, the court in discussing a question of this character at page 236 says:

“Where a bill is’ dismissed without any consideration of the merits, and before decree, even though the order of dismissal does not contain the words, ‘without prejudice, ’ the judgment or decree of dismissal is not res judicata, and constitutes no bar to a new proceeding for the same cause of action between the same parties; such termination of the suit leaves the parties as if no legal proceedings had been taken.” Citing 6 Ency. of Pleading & Practice, 986, 987; Richards v. Lake Shore & M. S. Ry. Co., 124 Ill. 516; Chamberlain v. Sutherland, 4 Ill. App. 494.

For the reasons above set forth, the order and decree of the trial court will be reversed and the cause will be remanded, with directions to the court to set aside said order dismissing said bill for want of equity, and to enter an order reinstating the. order entered on November 18, 1924, dismissing said bill on motion of plaintiffs in error, without prejudice.

Reversed and remanded with directions.


author: Mr. Justice McSurely

text:
    First District.
    Hurley Hunter, by Maude Hunter, appellee, v. Your Cab Company, appellant.
    Gen. No. 31,652.
    Action for personal injuries of minor while taxicab passenger. Judgment for, plaintiff. Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    John A. Bloomington, for appellant.
    Quin O’Brien and Urban P. Gallagher, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Peter Boharski, by Michael Boharski, defendant in error, v. Steve Rudnicki, plaintiff in error.
    Gen. No. 31,667.
    Action for personal injury to child of tender years, struck by automobile. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. George A. Sentel, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    John A. Bloomingston, for plaintiff in error.
    Peden, Kahn & Murphy and Joseph D. Ryan, for defendant in error; David Silbert, Samuel Simon and Sydney M. Goldstein, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    In re estate of Adolph L. Benner, deceased. Mary Lee Colbert, appellee, v. Estate of Adolph L. Benner, deceased, appellant.
    Gen. No. 31,707.
    Claim for balance due for legal services rendered estate’s decedent. Judgment for claimant. Appeal from the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Robert W. Dunn and Geoffrey Levinson, for appellant.
    Le Roy Hackett, for appellee; Charles H. Pease, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    In re estate of Herman Steinmeyer, incompetent, on appeal of Herman Steinmeyer, appellant, v. Anna Miller and Jennie De Grazia, appellees.
    Petition to have respondent declared incompetent to manage his affairs. Judgment for petitioners. Appeal from the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    George C. Geier, for appellant.
    Deneen, Healy & Lee, for appellees; John J. Healy, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Bernard Press, appellee, v. Fidelity Trust & Savings Bank, appellant.
    Gen. No. 31,757.
    Assumpsit for money deposited in escrow as earnest money on realty purchase contract. 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 March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Gustav E. Beerly, for appellant; Dwight A. Pomeroy, of counsel.
    Joseph Rosenberg and Benjamin Rosenberg, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Alfred W. Gerhard, appellee, v. H. J. Earnest et al., trading as Tec Development Company, appellants.
    Gen. No. 31,767.
    Action to recover attorney’s fees. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles E. McKinley, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Rehearing denied October 24, 1927.
    Lee, Phelps & Cleland, for W. J. Tomkins, appellant.
    Marvin W. Wallach, for appellee; Donald Neath Clausen, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    A. L. Sanders, appellee, v. Grand Rapids Furniture Company, appellant.
    Gen. No. 31,776.
    Action to recover purchase price of goods not delivered. 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 March term, 1927.
    Judgment of $365.32 reversed and judgment for $242 entered.
    Opinion filed October 10, 1927.
    Hoffman & Golder, for appellant; Calmon R. Golder, of counsel.
    T. H. Johnson, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Nathan Lickerman, appellee, v. Thomas J. McNally, appellant.
    Gen. No. 31,786.
    Action to recover rental broker’s commission. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John R. Caverly, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Reversed with finding of facts.
    Opinion filed October 10, 1927.
    Nash & Ahern and Martin J. McNally, for appellant; Michael J. Ahern, of counsel.
    Litsinger, Healy & Reid, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    John Gunderson, appellee, v. Aaron Levin, appellant.
    Gen. No. 31,795.
    Action for personal injuries to child of tender years because of automobile driver’s negligence. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Walter Brewer, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Alfred Roy Hulbert, for appellant.
    Peter F. Schramm, Edward W. Rawlins and Leesman, Roemer & Schnell, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Abbie M. Shattuck, appellant, v. Oliver P. Shattuck, appellee.
    Gen. No. 31,827.
    Bill for divorce. Dismissed for want of equity. Appeal from the Circuit Court of Cook county; the Hon. George Fred Bush, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Lefkow & Lefkow, for appellant.
    Jayne & Johnson, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Frances Piechowka, by John Piechowka, appellee, v. John Zielinski and Walter Zielinski, appellants.
    Gen. No. 31,849.
    Action for personal injuries to child of tender years from being struck by automobile. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Walter Brewer, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Sissman & Sissman, for appellants; Jesse Sissman, of counsel.
    Albert S. O’Sullivan and Irwin W. Sippel, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    E. B. Jacobs, appellee, v. Blanche Jett, appellant.
    Gen. No. 31,867.
    Action for rent due. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Robert H. Holmes, for appellant.
    Henry M. Hagan, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Charles Swanbum, appellee, v. T. J. Rigney, appellant.
    Gen. No. 31,901.
    Action for damages to automobile from collision. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. H. Douglas, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Geo. D. Anthony, for appellant.
    No appearance for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    Garnette Arrick, appellee, v. Chicago United Theatres, Inc., appellant.
    Gen. No. 31,321.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. J. C. Eagleton, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Reversed with a finding of fact.
    Opinion filed October 10, 1927.
    Cassels, Potter & Bentley, for appellant; Ralph F. Potter and Kenneth B. Hawkins, of counsel.
    W. B. Matterson and H. H. Patterson, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Esther W. Southgate, executrix under the last will of Charles F. Southgate, deceased, appellee, v. Jacob Edson Himes, appellant.
    Gen. No. 31,353.
    Bill to compel payment provided by will. Decree for complainant. Appeal from the Circuit Court of Oook county; the Hon. Francis S. Wilson, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 10, 1927.
    W. T. Apmadoc and Edwin Terwilliger, Jr., for appellant.
    George W. Plummer and Wharton Plummer, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Frank Waisman, appellee, v. Harry London, appellant.
    Gen. No. 31,361.
    Action for realty broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1926.
    Reversed.
    Opinion filed October 10, 1927.
    Jacob G. Grossman, for appellant.
    Morris K. Levinson, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice O'Connor

text:
    Charles P. Hamilton, appellee, v. Hyde Park State Bank, appellant.
    Gen. No. 31,528.
    Trespass for false arrest and imprisonment. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Timothy D. Hurley, Judge, presiding.
    Heard in the first division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 10, 1927.
    Wm. J. Pringle and Edwin Terwilliger, Jr., for appellant.
    Nash & Ahern, for appellee; James J. McDermott and Cornelius J. Harrington, of counsel.
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    H. B. Wheelock, appellant, v. Edward Hines and Shank Company, appellees.
    Gen. No. 31,578.
    Action to recover for architect’s services. Judgment for defendants on directed verdict. 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, 1926.
    Reversed and remanded.
    Opinion filed October 10, 1927.
    Rehearing denied October 24, 1927.
    Altheimer & Mayer, for appellant; A. B. Manion and Gideon S. Thompson, of counsel.
    William S. Bennet, for Edward Hines, appellee.
    Robert W. Dunn, for Shank Co., appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Andrew Dolejs, appellant, v. Zlata Koruna Loan & Building Association et al., appellees.
    Gen. No. 31,724.
    Bill to redeem realty from foreclosure sale. Dismissed for want of equity. 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 March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Sumner C. Palmer, for appellant.
    James S. Wight, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Theresa Hunter, appellee, v. Underwriters Mutual Life Insurance Company, appellant.
    Gen. No. 31,818.
    Action to recover on life insurance policy. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed October 10, 1927.
    Lewis E. Johnson, for appellant.
    John F. Cashen, Jr., for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    In re estate of Margaret Roberson, deceased, on appeal of Emily Morris, appellant. In re estate of Margaret Roberson, deceased, on appeal of Nellie Leavitt et al., appellants.
    Gen. No. 31,830.
    Gen. No. 31,831.
    Appeal from order of distribution of estate. Appeal from the Circuit Court of Cook county; the Hon. Kickham Seanlan, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Booth & Pottle, for Emily Morris, appellant.
    Castle, Williams, Long & Castle, for Nellie Leavitt et al., appellants.
    Wirt E. Humphrey, for Alma G. Hamilton, appellee, personally and as administratrix, and John E. Hamilton.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Charles Richmond, trading as Economical Tire & Supply Company, appellee, v. Universal Tire & Rim Company, appellant.
    Gen. No. 31,843.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. T. H. Miller, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Jacob G. Grossberg and Julius L. Kabaker, for appellant.
    No appearance for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    John Barna, appellee, v. J. C. Smith, appellant.
    Gen. No. 31,852.
    Action, for personal injuries from being struck by automobile. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hosea W. Wells, Judge, presiding.
    Heard in the first 'division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Joseph O. McKiernan, for appellant.
    John A. Bloomingston, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Charles C. Dose, appellee, v. Thomas G. Gravenities, appellant.
    Gen. No. 31,876.
    Action for balance due for installing oil burner. 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 ditsrict at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    McInerney & Power, for appellant.
    Thomas Mathiesen, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Fulton Market Cold Storage Company, appellee, v. Hosea F. Myers, appellant.
    Gen. No. 31,894.
    Suit on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. F. McKinley and Philip J. Finnegan, Judges, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed with damages.
    Opinion filed October 10, 1927.
    Jacob Katz and C. W. Shaeffer, for appellant.
    Little, Gordon, Adams & King, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice O ’Connor

text:
    Regina Mikulecky, administratrix of the estate of Joseph F. Cihak, deceased, appellee, v. Illinois Northern Railway, appellant.
    Gen. No. 31,916.
    Action under Federal Employers’ Liability Act for negligently causing death of plaintiff’s intestate. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. William N. Gemmill, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 10, 1927.
    Rehearing denied October 24, 1927.
    David A. Orebaugh and George M. Kellogg, Jr., for appellant; William S. Elliott and Franklin Hess, of counsel.
    Charles J. Michal and Charles C. Spencer, for appellee; Charles C. Spencer, of counsel.
   Mr. Justice O ’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice Taylor

text:
    Joseph McGlashan and J. N. Scott, trading as McGlashan and Scott, appellees, v. Elgin, Joliet & Eastern Railway Company, appellant.
    Gen. No. 31,378.
    Suit to recover for delayed transport of live stock. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed October 19, 1927.
    Knapp & Campbell, for appellant; Denis H. Grady, of counsel.
    Moses, Kennedy, Stein & Bachrach, for appellees.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    A. M. Kan, appellee, v. Mandel Sensibar and J. R. Sensibar, defendants, on appeal of J. R. Sensibar, appellant.
    Gen. No. 31,397.
    Judgment for plaintiff on promissory note. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed with damages.
    Opinion filed October 19, 1927.
    E. S. & J. W. Cummings, for appellant.
    Eastman, White, Hawxhurst & Lind, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    John Wolters and Martha Wolters, appellees, v. John Stelk and Roy L. Kranzow, appellants.
    Gen. No. 31,413.
    Suit to recover on contract and for money had and received. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. A. W. Summers, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    John Stelk and Roy L. Kranzow, pro se.

    Chambers & Cochran, for appellees.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Greenebaum Sons Bank & Trust Company, appellee, v. Bert G. Cochrane, appellant.
    Gen. No. 31,471.
    Suit on promissory notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. A. W. Summers, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Harry H. Krinsky, for appellant.
    Sonnenschein, Berkson, Lautmann & Levinson, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Gurdon Williams, appellee, v. Everett G. Ballard, appellant.
    Gen. No. 31,509.
    Suit on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Arthur H. Jones, for appellant.
    Gurdon Williams, pro se.

   Mr. Presiding Justice Taylor

.delivered the opinion of the court.


text:
    William G. Strong, appellee, v. W. H. Schendorf, appellant.
    Gen. No. 31,524.
    Suit on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Theodore P. Ehler, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Henry M. Hagan, for appellant.
    Lewis F. Mason, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Wolf Cowen, appellant, v. Joseph S. Best, appellee.
    Gen. No. 31,547.
    Suit on contract for vendor’s payment of taxes. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. A. W. Summers, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Isador Becker, for appellant.
    Bernard W. Vinissky, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    A. E. Halstead, appellee, v. Robert Griff, appellant.
    Gen. No. 31,559.
    Suit to recover for medical services, aided by attachment. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed October 19, 1927.
    Edmund M. Sinnott, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Frank Miller, appellee, v. Adolph Stresenreuter, appellant.
    Gen. No. 31,571.
    Suit for damages for negligent building construction. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Timothy D. Hurley, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Rehearing denied November 4, 1927.
    McGilvray, Eames, Vaughan & Tilley, for appellant.
    Coburn, Kearney & Coburn, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Carroll, Schendorf & Boenicke, Inc., appellee, v. John A. Gordon, appellant.
    Gen. No. 31,580.
    Suit for real estate brokerage commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Rehearing denied November 4, 1927.
    Leesman & Roemer, for appellant.
    Henry M. Hagan, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


author: Mr. Justice Holdom

text:
    O. D. Jennings & Company, appellant, v. Chicago Slot Machine Exchange, Inc., et al., appellees.
    Gen. No. 31,291.
    Bill to enjoin defendants from libeling complainant and the commodities it sells. Bill dismissed for lack of equity. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Everett Jennings, J. U. Sammis and Hayden N. Bell, for appellant.
    West & Eckhart, for appellees.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Ola Pfeifer, administratrix of the estate of Clyde E. Pfeifer, deceased, appellee, v. The Belt Railway Company of Chicago, appellant.
    Gen. No. 31,323.
    Action for wrongful death by violation of the Federal Safety Appliance Act. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry Higbee, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    C. G. Austin, Jr., J. Raymond Barse and Samuel Kassel, for appellant.
    Charles C. Spencer, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Samuel Wenig, appellee, v. Charles Matlin, appellant.
    Gen. No. 31,442.
    Action to recover profits in joint enterprise. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Slottow & Leviton, for appellant; Charles Leviton, of counsel.
    Shaeffer & Foster, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Roger E. Appleyard, appellee, v. Harry C. Stuart et al., on appeal of Farmers & Merchants State Bank of Leland, Illinois, appellant.
    Gen. No. 31,500.
    Bill to foreclose a trust deed. Decree for complainant and order to apply receiver’s collections to deficiency on sale. 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 October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Burke, Jackson & Burke, for appellant.
    Edwin D. Lawlor, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Advance Mill & Lumber Company, appellee, v. Woodworkers Tool Works, Inc., appellant.
    Gen. No. 31,515.
    Trover for goods taken on judgment execution. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hosea W. Wells, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Gilbert F. Wagner, for appellant.
    John Thornton Gilbert, for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Joseph B. Cronin, appellee, v. Checker Taxi Company, appellant.
    Gen. No. 31,562.
    Action for personal injuries suffered by passenger in taxicab by automobile collision. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Walter P. Steffen, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Cook, Albert, Heren & Lorentz, for appellant.
    Joseph D. Ryan, for appellee; Edmund M. Sinnott, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Andrew P. Miller, for and on behalf of Andrew Robert Miller, plaintiff in error, v. John Pecor and Delia Pecor, defendants in error.
    Gen. No. 31,615.
    Habeas corpus by father for custody of minor child. Denied. Error to the Superior Court of Cook county; the Hon. Hosea W. Wells, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 19, 1927.
    Michael F. Girten and Oke L. Pearson, for plaintiff in error.
    No appearance for defendants in error.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Albert Roggenbuck and Augusta Roggenbuck, appellees, v. A. Julius Breuhaus, appellant.
    Gen. No. 31,654.
    Action for damages for breach of contract. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed October 19, 1927.
    George W. Thoma and E. Marshall Amberg, for appellant.
    D. W. Parker, for appellees.
   Mr. Justice Holdom

delivered the opinion of the court.


author: Mr. Justice Wilson

text:
    Anderson & Lind Manufacturing Company, appellee, v. W. W. Hill et al., on appeal of Bert M. Kohler and Helen E. Kohler, appellants.
    Gen. No. 31,329.
    Suit to enforce mechanic’s lien. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebel, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Wyman, Hopkins, McKeever & Colbert, for appellants; Austin L. Wyman, of counsel.
    A. S. and E. W. Froehlich, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. Delaware Insurance Company of New York, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. The Girard Fire & Marine Insurance Company of Philadelphia, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. Liverpool, London & Globe Insurance Company, Ltd., of London, England, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. The London, Lancashire Insurance Company, Ltd., of London, England, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. London & Scottish Assurance Corporation, Ltd., of London, England, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. Massachusetts Fire & Marine Insurance Company, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. National Security Fire Insurance Company, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. New Hampshire Fire Insurance Company, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. Patriotic Insurance Company, appellant. Shraiberg Manufacturing Company for use of Robert Bachrach, appellee, v. The Royal Exchange Assurance Company, appellant.

      Gen. No. 31,382.
    Gen. No. 31,383.

      Gen. No. 31,384.
    Gen. No. 31,385.
    Gen. No. 31,386.
    Gen. No. 31,387.
    Gen. No. 31,388.
    Gen. No. 31,389.
    Gen. No. 31,390.
    Gen. No. 31,391.
    Garnishment proceedings. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed October 19, 1927.
    Rehearing denied November 4, 1927.
    Hicks & Folonie, for appellants.
    Moses, Kennedy, Stein & Bachrach, for appellees; Hirsch E. Soble, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Harry Miller et al., appellees, v. Andrew X. Sorenson, appellant.
    Gen. No. 31,448.
    Action to recover payments on mortgage and loan commission. Judgment for plaintiffs. Appeal from the Superior Court of Cook county; the Hon. Willis F. Graham, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Hutson & Traeger, for appellant; Helmer E. Brandell, of counsel.
    Earl J. Walker, for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr, Justice Wilson

text:
    Emanuel Peterson, administrator of the estate of Olaf Roland Peterson, deceased, appellant, v. The Baltimore & Ohio Chicago Terminal Railroad Company, appellee.
    Gen. No. 31,468.
    Action for death by wrongful act. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. Julius C. Kern, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Loesch, Scofield, Loesch & Richards, for appellant.
    Henry D. Sheean, for appellee.
   Mr, Justice Wilson

delivered the opinion of the court.


text:
    Leo Pereira, appellee, v. Victor Pearlman & Company, appellant.
    Gen. No. 31,506.
    Action to recover sales agent’s commissions. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Richolson & Smith, for appellant.
    Isadore S. Blumenthal, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Simon M. Skuda, appellee, v. Hugo Feis, appellant.
    Gen. No. 31,518.
    Action to recover damages from automobile collision. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Max F. Allaben, for appellant; Geo. W. Lennon, of counsel.
    A. F. W. Siebel, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Esther Hellinger, appellee, v. Reita Richardson and Charles Ira Wynekoop, defendants. Charles Ira Wynekoop, appellant.
    Gen. No. 31,539.
    Action by guest in automobile to recover for injuries from collision. 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 October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Rehearing denied November 4, 1927.
    H. E. Wynekoop and C. C. Spencer, for appellant.
    Brown & Alschuler, for appellee; Jesse H. Brown, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Jeannette Buckley and Philip Weinstein, administrators of the estate of Paul E. Buckley, deceased, appellees, v. Mandel Brothers, appellant.
    Gen. No. 31,565.
    Action for wrongful death. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed October 19, 1927.
    Rehearing denied November 4, 1927.
    Altheimer & Mayer, for appellant; A. B. Manion, of counsel.
    John A. Bloomingston, for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Bell & Gossett Company et al., appellees, v. Gunner Olson and Eugene H. Kehl, individually and trading as Olson-Kehl Company, not inc., appellants.
    Gen. No. 32,052.
    Bill for accounting and injunction. Interlocutory order granting temporary injunction. Interlocutory appeal from the Superior Court Of Cook county; the Hon. Walter P. Steffen, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1927.
    Affirmed.
    Opinion filed October 26, 1927.
    Rehearing denied November 12, 1927.
    Henry H. Koven, for appellants.
    Nicholson, Crandall & Snyder, for appellees; John R. Nicholson and John T. Chadwell, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Joseph Damato, by Andrew Damato, appellee, v. Consumers Company, appellant.
    Gen. No. 24,266.
    Action for personal injuries from automobile. Judgment for plaintiff. See 214 Ill. App. 642. Appeal from the Superior Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1918.
    Reversed and remanded with directions.
    Opinion filed November 9, 1927.
    John A. Bloomingston, for appellant.
    George E. Gorman and Charles V. Barrett, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Frances Ryan, appellee, v. R. V. Fonger, appellant.
    Gen. No. 31,848.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Herbert G. Immenhausen, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 9, 1927.
    Grace H. Hart, for appellant.
    Campbell & Fischer, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    Marguerite Cole, appellee, v. Baltimore & Ohio Railroad Company, appellant.
    Gen. No. 31,514.
    Action for personal injuries to passenger on train. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. J. C. Eagleton, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed November 15, 1927.
    Henry D. Sheean and Charles D. Clark, for appellant.
    John A. Bloomingston, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Gladys McRose, defendant in error, v. Hugo Rex McRose, plaintiff in error.
    Gen. No. 31,594.
    Bill for divorce. Attachment writ requiring defendant to show cause for refusing to pay temporary alimony. Error to the Superior Court of Cook county; the Hon. Joseph Sabath, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed.
    Opinion filed November 15, 1927.
    Louis P. Piquett, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Clara Naters, defendant in error, v. Eliza J. Jenkinson, plaintiff in error.
    Gen. No. 31,669.
    Bill for accounting. Decree for complainant. Error to the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding.
    Heard in the second division of this court for the first district at the April term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.
    Granville W. Browning, for plaintiff in error.
    Frank H. Culver, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Grayce S. Abbott, appellant, v. The Evening American Publishing Company, appellee.
    Gen. No. 31,689.
    Action for libel. Judgment for costs against plaintiff. Appeal from the Superior Court of Cook county; the Hon. John P. McGoorty, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed November 15, 1927.
    Frank B. Black, for appellant; Charles H. Chapman, of counsel.
    Keehn, Woods & Weisl, for appellee; Edward G. Woods, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Peter F. Reynolds, appellee, v. Leander J. Ibold, appellant.
    Gen. No. 31,734.
    Action on promissory note. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.
    George L. Turnbull, for appellant.
    Deneen, Healy & Lee, for appellee; John J. Healy, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    William Thayer for use of William S. Fraser, Jr., administrator of the estate of William A. Fraser, deceased, appellant, v. Al V. Booth, garnishee. Helen M. Thayer, intervening claimant, appellee.
    Gen. No. 31,825.
    Garnishment proceeding. Judgment for intervener. Appeal from the Municipal Court of Chicago; the Hon. Max Luster, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.
    Rehearing denied November 28, 1927.
    Walter S. Hull and Zillman & Krinker, for appellant.
    Frank H. Repetto and Robert D. Melick, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Daisy Liddell, appellee, v. Western Life Insurance Company, appellant.
    Gen. No. 31,889.
    Action on life insurance policy. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed November 15, 1927.
    Bogolub & Bogolub and John V. Sees, for appellant.
    McKinley, Killinger & Babb, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Clara L. Davis, appellant, v. City of Chicago, appellee.
    Gen. No. 31,902.
    Action for injuries from slipping on icy sidewalk. Judgment on verdict directed against plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John R. Caverly, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed November 15, 1927.
    Estelle M. Wells and David G. Robertson, for appellant.
    Samuel A. Ettelson, Corporation Counsel, and William D. Saltiel, City Attorney, for appellee; Daniel V. Gallery, Assistant Corporation Counsel, of counsel.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    Samuel Hasterlik, appellant, v. Lillian K. Hasterlik et al., appellees.
    Gen. No. 31,533.
    Order refusing to tax complainant’s solicitor’s fees as costs in partition proceeding. Appeal from the Circuit Court of Cook county; the Hon. Ira Ryner, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed November 15, 1927.
    Alfred Beck, for appellant.
    Jacobson, Merrick & Latter, for appellees; Gerald Ryan, guardian ad litem.

   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Delphine Magnan, appellee, v. The Chicago Cinder Company, appellant.
    Gen. No. 31,585.
    Action for personal injuries from automobile collision. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed November 15, 1927.
    Rehearing denied November 28, 1927.
    Kirkland, Patterson & Fleming, for appellant; Weymouth Kirkland, Jay Fred Reeve and William H. Symmes, of counsel.
    Wetten, Pegler & Dale, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Thomas Morgan, plaintiff in error, v. Illinois Central Railroad Company, defendant in error.
    Gen. No. 31,658.
    Action for personal injuries under the Federal Employers’ Liability-Act. Judgment for defendant on directed verdict. Error to the Superior Court of Cook county; the Hon. L. P. Harriss, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.

      Charles C. Spencer, for plaintiff in error.
    Fred H. Montgomery, for defendant in error; W. S. Horton and Vernon W. Foster, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Agnes Shekerjian, appellant, v. Paul Shekerjian, appellee. Paul Shekerjian, cross-complainant and appellant, v. Agnes Shekerjian, cross-defendant and appellee.
    Gen. No. 31,699.
    Gen. No. 31,900.
    Bill for separate maintenance. Dismissed for want of equity. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.
    Warren Pease, for Paul Shekerjian, appellant.
    Edward C. Guilmez, for Agnes Shekerjian, appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Bertha Weissman, appellee, v. David Weissman, appellant.
    Gen. No. 31,746.
    Bill for separate maintenance. Appeal from order for payment of temporary alimony. Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed.
    Opinion filed November 15, 1927.
    Charles E. Erbstein, for appellant.
    No appearance for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Henry Newman, appellee, v. Abraham Schatz and Sarah Schatz, appellants.
    Gen. No. 31,877.
    Action to recover down payment on realty purchase. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.
    George N. Kotin and Edwin A. Halligan, for appellants.
    Joseph Rolnick, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Abner M. Aaron for use of Greenfield-Sherman Company, appellee, v. Roll-A-Way Bed Corporation, garnishee, appellant.
    Gen. No. 31,883.
    Garnishment proceeding. Judgment against garnishee. Appeal from the Municipal Court of Chicago; the Hon. Albert B. George, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.
    Benjamin I. Morris and Morris A. Mills, for appellant; Morris A. Mills, of counsel.
    Blanksten, Freeman & Freeman, for appellee; Kernal Freeman, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Madeline S. Stout, appellee, v. Eric G. Zetterlund, appellant.
    Gen. No. 31,892.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed November 15, 1927.
    M. M. Jacobs, for appellant.
    Ernest Stout, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Morris Feldman, trading as M. Feldman & Sons, plaintiff and appellant, v. Harry Jacobs and Alec Shaps, defendants. Morris Mandelowitz, garnishee, appellee.
    Gen. No. 31,908.
    Garnishment proceeding. Judgment discharging garnishee. Appeal from the Municipal Court of Chicago; the Hon. Albert B. George, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed.
    Opinion filed November 15, 1927.
    William Feldman, for appellant.
    No appearance for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    John O. Carlson, appellee, v. Frank J. O’Donnell, appellant.
    Gen. No. 31,928.
    Assumpsit for breach of written contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 15, 1927.
    Deming, Jarrett & Mulfinger, for appellant.
    Le Roy V. Penwell, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Mr. Justice Scanlan

text:
    Lincoln Brooke, appellee, v. Charles H. Schweppe et al., trading as Lee, Higginson & Company, appellants.
    Gen. No. 31,555.
    Assumpsit for breach of oral contract. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1926.
    Reversed and remanded.
    Opinion filed November 15, 1927.
    Rehearing denied November 28, 1927.
    Isham, Lincoln & Beale and Gardner, Foote, Burns & Morrow, for appellants; Cyrus H. Adams, Jr., William A. Morrow and Walter M. Fowler, of counsel.
    Alden, Latham & Young, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Otto F. Vonesh and Mary Katherine Vonesh, appellants, v. City of Berwyn et al., appellees.
    Gen. No. 31,683.
    Bill for injunction. Dismissed for want of equity. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebel, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1926.
    Affirmed.
    Opinion filed November 15, 1927.
    Otto Kerner and James S. Wight, for appellants.
    Oliver O. Heywood, for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Theodore Wolniewicz, appellee, v. John A. Scheffler and Mary Scheffler, appellants.
    Gen. No. 31,708.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed.
    Opinion filed November 15, 1927.
    Clyde C. Fisher, for appellants.
    Charles J. Russell, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Elizabeth A. Pearson, appellee, v. Richard W. Farmer, appellant.
    Gen. No. 31,755.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Worth E. Caylor, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Affirmed upon remittitur; otherwise reversed and remanded.
    Opinion filed November 15, 1927.
    John A. Bloomingston, for appellant.
    James C. McShane, for appellee.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Edward Ellis et al., trading as Ellis Brothers Company, appellees, v. The Pennsylvania Railroad Company, appellant.
    Gen. No. 31,780.
    Action for damages from delayed fruit shipment. Judgment for plaintiffs. Appeal from the Superior Court of Cook county; the Hon. John P. McGoorty, Judge, presiding.
    Heard in the second division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed November 15, 1927.
    Loesch, Scofield, Loesch & Richards, for appellant.
    No appearance for appellees.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Chicago Title & Trust Company, complainant, appellee, v. Charles Sedman, Jr., et al., defendants, on appeal of Maurice W. Kulwin, appellant.
    Gen. No. 32,024.
    Foreclosure proceeding. Appeal from order appointing receiver. Interlocutory appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding.
    Heard in the second division of this court for the first district at the October term, 1927.
    Appeal dismissed.
    Opinion filed November 15, 1927.
    Rehearing denied November 28, 1927.
    Rosenberg, Braude & Zimmerman, for appellant; Irving Zimmerman and Benjamin Nelson, of counsel.
    Mesirow & Berger and Everett M. Swain, for appellee.
    Gustav E. Beerly and M. A. Mills, for certain defendants.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Ted Clare, appellee, v. Marks Brothers Theatres, Inc., et al. Marks Brothers Theatres, Inc., appellant.
    Gen. No. 32,427.
    Bill for injunction. Order granted. 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, 1927.
    Reversed.
    Opinion filed November 21, 1927.
    Joseph Rosenberg, for appellant; Benjamin Rosenberg, of counsel.
    Benjamin H. Ehrlich, for appellee.
   Mr. Justice O'Connor

delivered the opinion of the court.


text:
    John Quan, appellant, v. Adolph G. Rosell, appellee.
    Gen. No. 31,666.
    Action to recover rent. Judgment against plaintiff. Appeal from the Municipal Court of Chicago; the Hon. J. B. Lane, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and judgment here.
    Opinion filed November 23, 1927.
    Arthur J. Murphy, for appellant; William Rifkind, of counsel.
    Joel C. Carlson, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Charles J. Russell, assignee of Health Institute, Inc., appellant, v. William Dillon, appellee.
    Gen. No. 31,687.
    Action on account stated for medical services. Appeal from order vacating judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and remanded with directions.
    Opinion filed November 23, 1927.
    Charles J. Russell, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Cora F. Yenner, appellee, v. John R. Karlson et al., on appeal of John D. Rowe, receiver, appellant.
    Gen. No. 31,726.
    Foreclosure proceeding. Appeal by receiver from order to make payment on deficiency decree. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Appeal dismissed.
    Opinion filed November 23, 1927.
    Edward J. Keeley, for appellant.
    Hamilton Johnstone and Luther D. Swanstrom, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Greenfield Brothers Clothing Company, appellee, v. M. A. Kansteiner, appellant.
    Gen. No. 31,747.
    Action for goods sold and delivered. Judgment for plaintiff. 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, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Carpenter & Grant, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Harvey B. Gaines, appellant, v. Isaac Gitelson, appellee.
    Gen. No. 31,527.
    Action for rent. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding.
    Heard in the third division of this court for the first district at the October term, 1926.
    Reversed and remanded with directions.
    Opinion filed November 23, 1927.
    Cochrane & George, for appellant.
    Ira Lasker and Benjamin S. Leiser, for appellee; Harry F. Brewer, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Edward J. Rouille, by Charles Rouille, appellee, v. Riverview Park Company, appellant. Horace G. Gurley, by Jennie T. Gurley, appellee, v. Riverview Park Company, appellant.
    Gen. No. 31,674.
    Gen. No. 31,675.
    Action for assault. Judgment for plaintiffs. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Murphy O. Tate and Helmer, Moulton, Whitman & Holton, for appellants; Eugene P. Kealy, of counsel.
    James C. McShane, for appellees.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    John M. Smyth et al., trading as John M. Smyth Trust Estate, appellants, v. M. Hernreich, appellee.
    Gen. No. 31,690.
    Action for rent. Appeal by plaintiffs from partial judgment in their favor. Appeal from the Municipal Court of Chicago; the Hon. T. H. Miller, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and remanded with directions.
    Opinion filed November 23, 1927.
    McCulloch & McCulloch, for appellants; Hathorn W. McCulloch, of counsel.
    No appearance for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Martin Potokar, appellee, v. Niagara Athletic Club, appellant.
    Gen. No. 31,709.
    Action to recover on oral contract. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Rehearing denied December 9, 1927.
    John H. Buck and Rankin & Lustfield, for appellant; Ode L. Rankin, of counsel.
    No appearance for appellee.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Leopold Stancato, appellee, v. Chicago Business Men’s Racing Association, appellant. Louise Iannoma, appellee, v. Chicago Business Men’s Racing Association, appellant. Giacomo Ardita et al., appellees, v. Chicago Business Men’s Racing Association, appellant. Harry Stancato, administrator, appellee, v. Chicago Business Men’s Racing Association, appellant.

      Gen. No. 31,720.
    Gen. No. 31,721.
    Gen. No. 31,722.

      Gen. No. 31,723.
    Action for damage from dumping rubbish into stream. Judgment for plaintiffs. See 246 Ill. App. 464. Appeal from the Superior Court of Cook county; the Hon. Worth E. Caylor, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed November 23, 1927.
    Rehearing denied November 30, 1927.
    Charles H. Soelke and Albert Sabath, for appellants; Charles Hudson, of counsel.
    Harry O. & Magnus B. Rosenberg, for appellees; Millard C. Eiseman, of counsel.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    Ludie Cottle and William Cottle, appellees, v. Charles B. Travis, appellant.
    Gen. No. 31,729.
    Action to recover damages sustained on breach of realty sales contract. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. A. W. Summers, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Louis P. Piquett, for appellant.
    Charles A. Wilson, for appellees.
   Mr. Justice Holdom

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Joseph Folta, plaintiff in error.
    Gen. No. 31,304.
    Prosecution for embezzlement. Conviction of petit larceny. Error to the Criminal 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, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Rehearing denied December 10, 1927.
    Maximilian J. St. George, for plaintiff in error.
    Robert E. Crowe, State’s Attorney, for defendant in error; Lee R. LaRochelle and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The Garrett Biblical Institute, appellee, v. Franklin Fire Insurance Company, appellant.
    Gen. No. 31,662.
    Action to recover fire insurance rebate. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Philip J. Finnegan, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Rehearing denied December 10, 1927.
    Stephen A. Cross and E. L. Snider, for appellant.
    Butler, Lamb, Foster & Pope, for appellee; Arvid B. Tanner, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Industrial Glass Company, appellant, v. George A. Kelso, appellee.
    Gen. No. 31,681.
    Action for building material furnished. Appeal from order setting aside default judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and remanded with directions.
    Opinion filed November 23, 1927.
    A. S. and E. W. Froehlich, for appellant.
    No appearance for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    William H. Wheelock and William G. Bierd, receivers of the Chicago & Alton Railway Company, appellees, v. Joseph Stockton Transfer Company, defendant, on appeal of Chicago & North Western Railway Company, appellant.
    Gen. No. 31,693.
    Action under Carmack Amendment to recover for loss on goods delivered to common carriers. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Nelson J. Wilcox, Nelson Trottman and I. C. Belden, for appellant.
    Winston Strawn & Shaw, for appellees; William W. Hinshaw, Jr., of counsel.
    Flynn & Lyon, for defendant.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Catherine Kaisling, executrix of the estate of William Kaisling, deceased, appellee, v. The Kellogg Switchboard & Supply Company, appellant.
    Gen. No. 31,700.
    Action to recover on contract of employment. 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, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Miller, Gorham, Wales & Noxon, for appellant; Gilbert Noxon, of counsel.
    Downes, Downes & Downes, for appellee; C. W. Armstrong, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Nellie K. Lambert, appellee, v. First State Pawners Society, appellant.
    Gen. No. 31,703.
    Replevin and trover for ring. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joel C. Fitch, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Rehearing denied December 10, 1927.
    Scott, Bancroft, Martin & MacLeish, for appellant; Charles M. Price, of counsel.
    Harry Brown and Milton O. Naramore, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Bernice Zukauski, appellee, v. Joe Kaulas, appellant.
    Gen. No. 31,753.
    Bastardy proceeding. Judgment of filiation and for maintenance. Appeal from the Municipal Court of Chicago; the Hon, Herbert G. Immerhausen, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Harold O. Mulks, for appellant.
    Robert E. Crowe, State’s Attorney, for appellee; Lee R. La Rochelle and Edward E. Wilson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    John M. Lowery, appellee, v. Tony Bivienis et al., appellants.
    Gen. No. 31,763.
    Assumpsit for legal services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles E. McKinley, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed November 23, 1927.
    Hermann P. Haase, for appellants.
    Rose & Symmes, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Paul Holubek, appellee, v. Louis B. Casey, appellant.
    Gen. No. 31,772.
    Action for work and material furnished. 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, 1927.
    Reversed and remanded.
    Opinion filed November 23, 1927.
    William Sherman Stahl, for appellant; Harry A. Lambert, of counsel.
    Jose W. Hoover and O. W. Jurgens, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    L. E. Schmidt, appellant, v. J. L. Masse, appellee.
    Gen. No. 31,782.
    Action on promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Joseph W. Schulman, Judge, presiding.
    Heard in the third division of this court for the first district at the March term, 1927.
    Reversed and judgment here.
    Opinion filed November 23, 1927.
    J. J. Moser, for appellant.
    No appearance for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr. Presiding Justice Matchett

text:
    Albert Pick & Company, appellee, v. J. J. O’Shea, appellant.
    Gen. No. 31,676.
    Assumpsit on promissory note. 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 March term, 1927.
    Reversed and remanded.
    Opinion filed December 12, 1927.
    Glennon, Cary, Walker & Murray, for appellant; Sidney C. Murray, Marvin A. Jersild and James L. Homire, of counsel.
    Ringer, Wilhartz & Hirseh, for appellee; Samuel E. Hirsch and Arthur Wolf, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Bertha A. Schill, appellant, v. Frank Stoney et al., trading as Leon Kirk & Son, appellees.
    Gen. No. 31,694.
    Trespass. Appeal from order setting aside judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Fisher, Judge, presiding.
    Heard in the first division'of this court for the first district at the March term, 1927.
    Reversed and remanded.
    Opinion filed December 12, 1927.
    Rehearing denied December 27, 1927.
    Frances E. Spooner and Elmer M. Leesman, for appellant.
    William J. Andrews, for Frank Stoney and Leon Kirk, appellees.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Herman Schneider and Florence Schneider, appellees, v. Sophia G. Wrede, appellant.
    Gen. No. 31,704.
    Action to recover down payment on realty sale. Judgment for plaintiffs. Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 12, 1927.
    Edward Maher and Butz, Von Ammon & Marx, for appellant.
    Urion, Drucker, Reichmann & Boutell, for appellees; Jerome J. Sladkey and William B. Gemmill, of counsel.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Theodore V. Jansha, a minor, appellee, v. Public Service Company of Northern Illinois, appellant.
    Gen. No. 31,713.
    Action for personal injuries to minor from electric power lines. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    O’Connor, J., dissents.
    Opinion filed December 12, 1927.
    Rehearing denied December 27, 1927.
    Gardner, Foote, Burns & Morrow, for appellant; W. A. Morrow and Walter M. Fowler, of counsel.
    E. Leslie Cole and H. H. Patterson, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    John Brummer, appellant, v. Anna B. Martin, appellee.
    Gen. No. 31,727.
    Action on promissory notes. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 12, 1927.
    Thompson, Tyrrell & Chambers, for appellant; Walter H. Chambers, of counsel.
    Alex M. Golman, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    American Glass Company v. E. F. Ackerman. E. F. Ackerman, appellant, v. George L. Pilkington, appellee.
    Gen. No. 31,783.
    Action on promissory note. Appeal by defendant from order denying motion to quash execution on judgment. 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 March term, 1927.
    Reversed and remanded.
    Opinion filed December 12, 1927.
    C. W. Shaeffer, for appellant.
    George L. Pilkington, pro se, and Edwin Terwilliger, Jr., for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Lowenthal Securities Company, appellee, v. White Paving Company, appellant.
    Gen. No. 31,824.
    Assumpsit on written agreement to sell city bonds. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebel, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 12, 1927.
    Clarence S. Darrow and William H. Holly, for appellant.
    Mayer, Meyer, Austrian & Platt, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Alexander & Tucker Realty Company, appellee, v. Emma Auer, appellant.
    Gen. No. 31,679.
    Action to recover realty broker’s commission. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. C. F. McKinley, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Reversed with judgment of nil capiat.

    Opinion filed December 12, 1927.
    Albert S. Louer and Adams & Baker, for appellant; Arthur Abraham, of counsel.
    William Slack, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Eugene A. Bournique, appellee, v. John B. Drake, appellant.
    Gen. No. 31,695.
    Action for realty broker’s commission. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding.
    Heard in the first division of this court for the first district at the March term, 1927.
    Affirmed.
    Opinion filed December 12, 1927.
    Rehearing denied December 27, 1927.
    Gardner, Foote, Burns & Morrow, for appellant; Walter M. Fowler, of counsel.
    Miller, Gorham, Wales & Noxon, for appellee; Amos C. Miller and Edward R. Adams, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.