text:
    Charles F. Randolph, Appellee, v. Town of Bernadotte, Appellant.
    Gen. No. 8,036.
    1. Municipal corporations — no inherent power to borrow money. No local government has inherent power to borrow money for any purpose.
    2. Municipal corporations — compliance with authorising statute prerequisite to power to borrow money. Strict compliance with an authorizing statute is a condition upon the power of a local government to borrow money.
    3. Municipal corporations — validity of obligation for borrowed money contingent upon compliance with authorising statute. Where the statute prescribes the conditions under which a municipality may borrow money, no liability may be created against the municipality unless such conditions are strictly complied with.
    4. Highways — power of highway commissioners to borrow money. GahilVs St. eh. 121, % 62, pertaining to the powers and duties of highway commissioners, confers no power upon such officers to borrow money.
    5. Municipal corporations — when tax-anticipation warrant ineffective as appropriation of existing levy. A tax-anticipation warrant, issued in payment of a loan made to a highway commissioner to provide funds for the building of a bridge, cannot be given effect as an appropriation of an existing tax levy of the town for whose benefit the bridge was constructed, where no authorizing proceedings were had pursuant to Cahill’s St. ch. 121, If 74, and the records of the commissioner and of the town were silent with respect to the transaction.

      6. Municipal corporations — issuance of tax-anticipation warrant in payment of loan effective only as assignment pro tanto of expected fund. An anticipation warrant issued against an existing tax levy in payment for a loan made the highway commissioner of a road district creates no liability against a town for the benefit of which it was borrowed, but is merely the assignment of a fund to come into the treasurer’s hands.
    7. Townships — when not liable upon warrant issued by highway commissioner in payment of loan to build bridge for benefit of town. A town cannot be held liable in an action upon a warrant issued by a highway commissioner for money loaned for a bridge built for the benefit of the town.
    Appeal by defendant from the Circuit Court of Fulton county; the Hon. Willis F. Graham, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed.
    Opinion filed February 28, 1927.
    Glenn Ratcliff, for appellant.
    Burnett M. Chiperfield, Claude E. Chiperfield and Robert B. Chiperfield, for appellee.'
   Mr. Justice Shurtleff

delivered the opinion of the court.

This is an action of assumpsit, based upon the common counts brought by appellee against appellant, to recover a sum of money loaned by appellee to the commissioner of highways of said town, to pay the expenditures upon a bridge in said township.

Attached to the declaration is a copy of the instrument sued on, which is an order drawn by the highway commissioner of Bernadotte township, dated March 31, 1920, in the sum of $157.50, which shows on its face that it becomes due April 1, 1921. On the reverse side of the order appears the statement that the same is for money advanced for Loveland bridge and road, lumber, material, hauling and work, due April 1, 1921, with interest at six per cent from date of order.

The evidence produced on behalf of appellee, which was admitted by the court over the objection of appellant, tended to show that on May 16, 1919, Lewis McCaughey, who was then commissioner of highways of Bernadotte township had constructed a bridge in said township, known as the Loveland bridge, and that on that date, in accordance with a previous arrangement made with appellee, he went to the home of appellee in Ipava, Fulton county, and there delivered to appellee a warrant, bearing date May 16, 1919, drawn on the treasurer of Bernadotte township, and which warrant, as testified to by the witnesses of appellee, bore the following statement on the face thereof: “Anticipation warrant, payable from taxes when collected.” At the time the warrant was delivered to appellee, he gave to Lewis McCaughey a check for $150, which check was made payable to Lewis Mc-Caughey. The evidence shows that McCaughey, immediately after receiving the check, indorsed the same and delivered it to Clarence Clanin as a part payment for the work which was done by Mr. Clanin on the Loveland bridge.

The warrant so issued to appellee was never paid and was never presented by appellee for payment. About 10 months later, McCaughey, who was still the commissioner of Bernadotte township, received this warrant from appellee and delivered to him in exchange therefor the warrant upon which suit is brought in this case. The money was never paid to the treasurer of Bernadotte township and the records of the township failed to disclose anything whatever with reference to this transaction. The- commissioner’s record shows that no record was ever made of any meeting where it was decided by the commissioner to issue the anticipation warrant in question. Further, the stubs of the orders which were preserved by the commissioner did not contain any stub of the order originally issued to appellee. McCaughey testified, however, that he destroyed the stub when the new order was issued. The report of McCaughey as commissioner, covering the period of time when the original warrant is alleged to have been issued, failed to show anything in regard to this transaction. ■

There was a verdict and judgment for appellee and appellant brings the record to this court for review.

Errors are assigned upon the court’s rulings in the admission and rejection of evidence and the giving and refusing of instructions, the most of which are determined by an understanding of .the basic principles applicable to the case. The court instructed the jury to find a verdict for appellee, if they found from a preponderance of the evidence that appellant had had and received money of the appellee and had failed to repay the same. The court further instructed the jury:

“If you believe, from a preponderance of the evidence, the commissioner of highways of Bernadotte Township on or about the 16th day of May, 1919, for a valuable consideration paid by the plaintiff, delivered to the plaintiff a tax anticipation warrant to be paid out of the road and bridge fund of said town from taxes already levied, and thereafter on or about the 31st day of March, 1920, the plaintiff at the request of said Highway Commissioner of the defendant exchanged said warrant for another warrant represented by said Highway Commissioner to the plaintiff to be a tax anticipation warrant, which the plaintiff thereafter discovered was not a tax anticipation warrant as represented but was a warrant general in it terms, then the jury are instructed, if you find the facts as aforesaid to be proven as aforesaid, the plaintiff would have the right, even although you may believe that the first warrant was destroyed, to recover in this suit of the defendant such sum as is shown by the evidence in this case the defendant is indebted to the plaintiff by reason of the consideration paid for the first warrant above referred to.”

It is plain that these instructions do not state the law applicable to this case. The power to borrow money does not exist in a local government, independent of statute, and when money is borrowed under the provisions of the statute, the statute must be strictly complied with. (Strodtman v. County of Menard, 56 Ill. App. 120; Strodtmann v. County of Menard, 158 Ill. 155; County of Hardin v. McFarlan, 82 Ill. 138; Commissioners of Highways v. Newell, 80 Ill. 592; Law v. People, 87 Ill. 385; Commissioners of Highways of Town of Deer Park v. O’Sullivan, 16 Ill. App. 34; Coguard v. Village of Oquawka, 192 Ill. 355; President & Trustees of Lockport v. Gaylord, 61 Ill. 276.) And the rule is of equal force that where the statute prescribes the conditions upon which money may be borrowed by a municipality, no liability can be created against the municipality unless such conditions are complied with. Strodtman v. County of Menard, supra.

We have examined carefully all of the provisions of section 56 of chapter 121, Smith-Hurd’s Rev. St. [Cahill’s St. ch. 121, f[ 62] pertaining to the powers and duties of the highway commissioner, and find that he is not vested with the power to borrow money. Paragraph 67 [Cahill’s St. ch. 121, 67] of the same chapter provides that when the highway commissioners desire to expend on any bridge or bridges, or approaches thereto, in any district, a greater sum of money than is available to them, by other means, the said commissioners may call a special town or district election to vote on the proposition. No such action was taken in this case. This claim, if it has any legal standing, must be based upon an anticipation warrant issued against the tax levy of 1919. Evidently the parties attempted to appropriate a part of the existing tax levy made by appellee town, but no record of any kind was made of the transaction or the necessity of the action, and we are unable to learn from the record in this case how many or to what extent anticipation warrants were issued against the tax levy, or what funds the commissioner of highways had on hand, if any, when the warrant was issued. In any event, if it be construed as an anticipation warrant, it created no debt or liability against appellant, but effected merely an assignment or transfer of a fund to come into the treasurer’s hands. (City of Springfield v. Edwards, 84 Ill. 626; Law v. People ex rel. Huck, 87 Ill. 385, 399; Fuller v. Heath, 89 Ill. 296, 307; Booth v. Opel, 244 Ill. 327; Commissioners of Highways of Town of Goshen v. Jackson, 165 Ill. 23; City of East St. Louis v. Flannigan, 26 Ill. App. 449, 460.)

In City of Springfield v. Edwards, supra, it was held:

“Where a warrant or order, payable from a specific appropriation of a tax levied but not yet collected, is accepted in exchange for services rendered or to be rendered, or for materials furnished or to be furnished, so that there is, in fact, but the exchange of one thing for another, the duty remains for the proper officers to collect and pay over the tax in accordance with the appropriation — but, obviously, for any failure in that regard, the remedy must be against the officers and not against the corporation, for, otherwise, a contingent debt would, in this way, be incurred by the corporation.”

Whatever rights appellee may have or might have had against any of the officers of the town, it is plain from the elementary principles governing municipal bodies that he has no cauSe of action against the appellant. In no case could the township or the town fund become chargeable for items of expense incurred by the commissioner of highways for road or bridge work. People v. Baltimore & O. R. Co., 322 Ill. 623.

The judgment of the circuit court of Fulton county is reversed.

Reversed.


source: Caselaw Access Project

author: Mr. Justice Shurtleff

license: Public Domain

text:
    Illinois National Bank, Appellee, v. Town of Bois D'Arc, Appellant.
    Gen. No. 8,039.
    1. Pleading — objections to declaration waived by withdrawal of demurrer and filing of pleas to merits. The withdrawal of a demurrer to a declaration, and the filing of pleas to the merits waived all objections to the declaration which did not go to the substance of recovery.
    2. Pleading — withdrawal of demurrer to declaration on town warrant as affecting right to plead nonexecution and nondelivery thereof. The objection of a town that it never executed or delivered a roadwork warrant goes to the substance of a bank’s right to sue for recovery thereon and is not waived by the town withdrawing its demurrer.
    3. Townships — nonliability for road-work warrants issued by highway commissioner not executed or delivered by town. No liability against a town is created by the issuance of warrants for road work for its benefit, where such warrants were never executed or delivered by such town, but by its highway commissioner.
    4. Pleading — effect of failure to verify plea denying execution by town of warrants for road work sued upon. A town cannot deny execution and delivery of road-work warrants in an action therefor where it fails to verify the plea denying those acts.
    5. Public contbacts — invalidity of road-work warrants as defense in action thereon by holder with notice thereof. A bank which was not an innocent purchaser of road-work warrants cannot collect these from a town for whose benefit they were issued by the highway commissioner, for the town received no consideration for the, warrants which were not issued for a purpose for which the town might become indebted under Cahill’s St. ch, 139, jf 124,
    Appeal by defendant from the Circuit Court of Montgomery county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the October term, 1926.
    Reversed.
    Opinion filed February 28, 1927.

      George P. O’Brien and Harry C. Stuttle, for appellant.
    John G. Friedmeyer and Lane, Dryer & Brown, for appellee.
   Mr. Justice Shurtleff

delivered the opinion of the court.

Appellee bank brought its suit in the circuit court of Montgomery county against appellant, in assumpsit, to recover upon a number of warrants issued in 1920 and 1921 by the commissioner of highways of said town to the Barnett Distributing Company and F. B. Barnett and Company, said orders having been assigned by the payee in each case to appellee bank. Montgomery county is organized under the system of township government and appellant is one of the organized townships in said county. It is claimed by appellee that the warrants were issued by the highway commissioner for machinery, material and work in connection with the roads and bridges in said township, and appellant contends that the orders were pretended to be issued for no legal purpose, were without consideration, had been changed in the hands of the payee and had been issued by a conspiracy between the payee and the commissioner of highways for no purpose except to filch from the treasurer of the road and bridge fund.

Appellee bank filed the common counts and a special count based upon the warrants which were set out. Appellant town first demurred to the declaration generally and specially, pointing out by the special demurrer that the suit should have been brought against the commissioner of highways and not against the township. Later, this demurrer was abandoned and appellant filed the general issue and a second plea denying execution of the instruments sued upon, and, following the second plea, S. D. Thomas, as supervisor of the township, appended his oath and deposed: “That he makes oath the above and foregoing plea is true in substance and in fact.”

Appellant filed various other pleas covering the different defenses as stated, to which there were issues made up on the first and second pleas and replications to others, upon which issues were formed, a jury waived and the cause tried by the court. There was a finding and judgment for appellee bank in the sum of $2,227.34 and appellant has appealed.

On the trial of the cause appellee submitted the warrants in question and rested its case. Appellee submitted various proofs tending to show that the commissioner of highways had issued a portion of said orders in blank by merely signing his name on the blank; that the payee of the orders had never furnished any material or supplies for which the orders purported to be issued, and that the same were given without any consideration whatever, and that at a later date fictitious bills were inserted in the record to pretend a consideration.

On the trial of the cause appellant asked the court to find the following propositions of law:

First: The defendant Town of Bois D’Arc, Montgomery County, Illinois, is not liable for, or on account of warrants drawn on the treasurer of Bois D’Arc township by the commissioner of highways of Bois D’Arc township, and where such warrants are drawn and the treasurer refuses to pay the same, no suit can legally be maintained nor judgment rendered against the township on account thereof.

Second: In this case the commissioner of highways had no authority to draw warrants upon the treasurer of Bois D ’Arc township and thereby create any legal liability against the town, or create a town charge, on account of materials or supplies for the repair and maintenance of the roads and bridges in said township.

Third: A judgment against the township of Bois D’Arc, Montgomery county, Illinois, is a town charge against said township. Town charges are payable out of the fund collected by taxation for the payment of town charges. The township funds can only be paid out upon accounts duly audited by the board of town auditors. The road and bridge fund of said township is under the control of the commissioner of highways and is held by the treasurer and paid out only upon warrants drawn against him as such .treasurer by the said commissioner of highways. The commissioner of highways has no authority to draw warrants for road and bridge purposes or any other purposes and thereby create a debt of the township, payable as a town charge. The warrants in evidence are not evidence of any debt of the township of Bois D’Arc.

The court refused all three propositions of law. Appellee contends that the withdrawal of the demurrer to the declaration and the filing of pleas to the merits of the case waived all objections to the declaration not going to the substance of the right of recovery. This may be conceded to be the law of the case. However, if under the pleas appellant neither executed nor delivered the warrants in question and they were without consideration, these defenses would go to the substance of appellee’s right of recovery. This brings us to the question of the nature of warrants issued by the commissioner of highways and of warrants issued by the town, upon its town account. In a very recent, case, People v. Baltimore & O. R. Co., 322 Ill. 623, the Supreme Court, through Mr. Justice Duncan, after reviewing fully the provisions of the Township Organizations Act and sections of the Road and Bridge Act, held:

“The provisions of section 40 of the Road and Bridge act are, that for all purposes relating to the construction, repair, maintenance and supervision of roads and bridges the several towns in counties under township organization, and road districts in counties not under township organization, shall, as near as may be, and subject to the provisions of the act, be regarded as analogous in corporate authority, and the powers and duties of the highway officers thereof shall be similar in exent and effect. By section 41 of the act road districts in counties not under township organization are' declared to be corporations, with power to sue and be sued. Under former statutes it has been decided that commissioners of highways in towns were quasi corporations, as distinguished from the corporation of the town itself, with power to sue and be sued. (Sheaff v. People, 87 Ill. 189; Highway Com'rs v. Highway Com'rs, 60 id. 58.) In the case of McMechan v. Yenter, 301 Ill. 508, this court recognized that the commissioner of highways was the proper official to be notified or summoned in his official capacity in any matter concerning the highways.

“Under section 56 of the Road and Bridge act the commissioner of highways for each town or road district is given the power to levy, annually, a tax for road and bridge purposes on the property in his district or town. The levy is limited to the rate of sixty-six cents on the $100 assessed valuation of property, but in towns the commissioner is not permitted to levy more than fifty cents on the $100 assessed valuation without the consent in writing of a majority of the board of town auditors of his town. Taxes for road and bridge purposes can be levied only under this section by the highway commissioner. The board of town auditors only have the power to consent to such a levy by the commissioners when the rate exceeds fifty cents on the $100 valuation. (Robinson v. McKenney, 239 Ill. 343.) Under section 52 of the Roads and Bridges act the treasurer of the road and. bridge fund shall receive and have charge of all moneys raised in the town or district for the support and maintenance of roads and bridges therein and for road damages. He shall hold such moneys at all times subject to the orders of the commissioners of highways and pay them out upon the order of the commissioners, and not otherwise, and shall keep an account in a book provided by the commissioners, of all moneys received and of all moneys paid out, showing in detail to whom and on what account the same is paid.

“The foregoing provisions of the 13th article of the Township Organization act and of the Roads and Bridges act show clearly that there are just two kinds of taxes to be levied in towns in counties under township organization: (1) Town taxes for town charges, which are specified in said section 8 of article 13 of the Township Organization act, taxes or charges for road and bridge purposes being not mentioned as a town charge or town tax; and (2) taxes for road and bridge purposes, which are only levied and collected and paid, under the authority, of the Roads and Bridges act aforesaid. It is thus very clearly shown that town charges as enumerated in section 8 of said article 13 of the Township Organization act are the only claims which can be audited and allowed by the board of town auditors so that the town tax may be levied and extended to pay them. There is just one exception to this last statement, and that is in the case of a judgment rendered against a town as distinguished from a road district. There was no judgment or judgments rendered against the town in question for any of the items composing the said sum of $5840.44, — the amount of the accounts audited and certified as aforesaid. There can be no question but the said claims so audited and certified were claims for road and bridge purposes. These facts are admitted by appellee, and in its brief it is stated that the claims aforesaid are outstanding debts which the highway commissioner incurred at the request and with the consent of the supervisor of the town of Bedford and with the approval of the county superintendent of highways, Wayne county. It is further stated that these claims are claims for which the holders thereof would have been entitled to judgment against the town of Bed-ford if they had brought suit therefor. We do not agree with the latter contention of appellee. They were claims against the highway commissioner. Appellee simply contends that there is no showing in this record that the claims in question were not incurred by the highway commissioner at a time when he did not have money in the road and bridge fund for taxes levied to pay them, and that therefore the claims must be considered binding obligations of the town, for which a judgment could be obtained against the town. There is no authority for such contention. The only authority given the board of town auditors in said article 13 with reference to claims for road and bridge purposes is that mentioned in section 4 of said article 13, which is the right to audit or examine the accounts of the commissioners of highways of such town for all moneys received and distributed on their, order. There is not even a suggestion of authority in all of article 13 to the board of town auditors to audit and certify such claims for road and bridge purposes for the purpose of taxation, or for the claim that a payment for road and bridge purposes or a claim for such purposes is a town charge for which the town is liable and may levy a town tax for same.

“If the board of town auditors should be recognized as having authority to audit and allow the claims for road and bridge expenses as a charge against the general fund of the town and have the same certified for the purpose of taxation against the town, then the limit of taxation of sixty-six cents for road and bridge purposes fixed by the Road and Bridge act would be, in effect, rendered null and void, because there is no limit on the board of town auditors or the towns as to the amount of taxes that may be raised for strictly town purposes as enumerated in said articler 13 of the Township Organization act. This court did say in People v. Block, 276 Ill. 286, that the highway commissioner has the right to incur liabilities and to levy a tax for road and bridge purposes. We further there said that the commissioner possesses the only authority conferred by law for levying a tax or incurring a liability for road and bridge purposes. There is no intimation in that case that such a liability is the liability of the town as distinguished from the road district. The fact is that the claims in this case are proper claims against the road commissioner for road and bridge purposes so far as the facts appear in this record, but they are not a proper charge against the town aforesaid.”

With this holding before us there can be no question but that the warrants presented in this ease were not executed or delivered by appellant and were not proper charges (whatever their merit) upon the town fund of appellant, and to allow them as such would be against the public policy of the State and a mere subterfuge under which the tax limitation for road and bridge purposes would be set at naught, and taxes without limit could be raised for a township fund out of which roads and bridges could be constructed and repaired and judgments for the same purpose satisfied and paid. In the opinion of this court the warrants in question were not a charge against or a liability of the appellant.

Appellee, however, contends that appellant cannot deny the execution and delivery of the instruments in question, inasmuch as appellant filed no verified plea denying the execution and delivery of the instruments under section 52 of the Practice Act [Cahill’s St. ch. 110, [[ 52], and cites Brewer & Hoffman Brewing Co. v. Boddie, 59 Ill. App. 45, where it is held upon a verification following two pleas, one of nonassumpsit and the other denying the execution of a lease: “Such an affidavit appended to two pleas verifies neither. If charged with perjury in swearing to either, his defense might be that he meant the other,” etc., all of which is sound reasoning.

In County of Cook v. Schaffner, 46 Ill. App. 614, this question was directly passed upon and in an apparently well-considered opinion bearing upon the question it was held that the section of the Practice Act in question did not apply to municipal corporations. However, in later cases — City of Chicago v. Peck, 196 Ill. 260, and McGovern v. City of Chicago— it has been held that the act did apply to municipal corporations, so that, in this case, we are not at liberty to hold under appellant’s second plea that appellant ¡did not execute the warrants in question. Appellant, however, by its fifth plea and second additional plea, pleaded no consideration accruing to appellant for the warrants in question, and certainly, under the very nature of the warrants, of which appellee had full .and sufficient notice, it is patent that no consideration accrued to appellant by reason of the issuing of these warrants, and they are wholly without consideration so far as appellant, in its capacity as a township, is concerned. Appellee cannot claim to be an innocent purchaser of said warrants.

The propositions of law submitted by appellant should have been held by the court to be the law.

For the reasons stated, the judgment of the circuit court of Montgomery county is reversed.

Reversed.


author: Mr. Presiding Justice MeSurely

text:
    First District.
    Charles P. R. Macaulay, plaintiff in error, v. Mary Kelly, defendant in error.
    Gen. No. 29,966.
    Action upon judgment note. Judgment for defendant. Error to the Circuit Court of Cook county; the Hon. Oscar E. Heard, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Rehearing denied October 25, 1926.
    Walter B. Prendergast, for plaintiff in error. No appearance for defendant in error.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. John Kuyakewich, plaintiff in error.
    Gen. No. 30,881.
    Prosecution for larceny. Judgment of conviction. Error to the Criminal 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, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Samuel L. Golan and W. G. Anderson, for plaintiff in error. Robert E. Crowe, State’s Attorney, for defendant in error; Henry T. Chace, Jr., Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, of counsel.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    Wade Twichell Company, appellee, v. James L. Gaudrie, appellant.
    Gen. No. 30,917.
    Action upon note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. T. P. Ehler, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Rehearing denied October 25, 1926.
    Hogan & Dougherty, for appellant; Louis B. Simon, of counsel. Hummer, Buckley & Hummer, for appellee; Warren B. Buckley, of counsel.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    Agnes R. Kramer, appellant, v. Katherine B. Smith, appellee.
    Gen. No. 30,933.
    Action for personal injuries. Judgment for defendant. 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, 1926.
    Reversed and remanded.
    Opinion October 11, 1926.
    Burke, Jackson & Burke, for appellant. No appearance for appellee.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    Dorrance, Sullivan & Company, appellant, v. Roy Quinlan, appellee.
    Gen. No. 30,946.
    Action upon promissory notes. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Harry F. Hamlin, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Rehearing denied October 25, 1926.
    Bell & Cross, for appellant; Stephen A. Cross, of counsel. Montgomery, Hart & Smith, for appellee; Louis E. Hart, Norman H. Pritchard and Victor C. Milliken, of counsel.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    Andrew T. Stokes and Vera Poole, appellees, v. John B. Morris and Burrnett Morris, appellants.
    Gen. No. 30,955.
    Action to recover earnest money deposited upon contract of sale. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    H. K. Barnett, for appellants. Walter M. Farmer, for appellees.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    John Russell, appellee, v. Jacob Shafton and Leo Shafton, trading as Shafton Company, appellants.
    Gen. No. 30,967.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Harry F. Hamlin, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Pritzker & Pritzker, for appellants. Joseph M. Connery and Sinden & Hassell, for appellee.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    Lake View Trust & Savings Bank, appellant, v. Edward T. Kelly Company, appellee.
    Gen. No. 30,976.
    Action to recover money paid under alleged mistake of fact. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Matthew D. Hartigan, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Robert J. Monahan for Samuel J. Lumbard, for appellant. Sumner C. Palmer, for appellee.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


author: Mr. Presiding Justice McSurely

text:
    John Lynch, appellee, v. Charles I. Nolan, appellant.
    Gen. No. 31,001.
    Action for money loaned. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    W. J. Lewis, for appellant; Fred W. Story, of counsel. McGinnis & Sadoski, for appellee; Edward J. McGinnis, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    American Discount Company, appellee, v. W. E. Harris et al., appellants.
    Gen. No. 31,021.
    Replevin, with count in, trover. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Philip J. Finnegan, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Caldwell Watkins, for appellants; Denison, Watkins & White, of counsel. Edward I. Rothbart, Seymour M. Lewis and Wharton Plummer, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Adam Schmall, appellee, v. The Bull Dog Auto Fire Insurance Association of Chicago, appellant.
    Gen. No. 31,067.
    Action upon automobile indemnity insurance policy. 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, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Louis J. Behan and William J. Corrigan, for appellant; Wayne C. Townley, of counsel. Joseph A. Weber, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    Joseph Sandman, appellee, v. Elmer Benesch, appellant.
    Gen. No. 31,076.
    Action for commission for services as broker. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed with finding of facts.
    Opinion filed October 11, 1926.
    Teller, Levit, Silvertrust & Levi, for appellant. William Feldman, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    Leslie P. Voorhees and Lucien E. Harding, trustees under the last will and testament of Amos J. Harding, deceased, defendants in error, v. Rachel Harding Russell et al., plaintiffs in error.
    Gen. No. 30,288.
    Bill by testamentary trustees for settlement of their accounts and appointment of their successor. Decree for complainants. Error to the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Writ of error dismissed.
    Opinion filed October 11, 1926.
    Rehearing denied October 25, 1926.
    Bangs & Frankhauser, for plaintiffs in error; Wendell McHenry, of counsel. Wm. Sherman Carson, for defendants in error.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Joseph R. Wile, plaintiff in error.
    Gen. No. 30,856.
    Prosecution for drawing, etc., check with intent to defraud. Judgment of conviction. Error to the Municipal Court of Chicago; the Hon. H. G. Immenhausen, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed.
    Opinion filed October 11, 1926.
    W. G. Anderson, for plaintiff in error. Robert E. Crowe, State’s Attorney, for defendant in error; Henry T. Chace, Jr., Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Martha Hydeman, appellee, v. James Walsh et al., appellants.
    Gen. No. 30,914.
    Action for negligent injury to property. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Charles A. Williams, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed October 11, 1926.
    Joseph H. Hinshaw, for appellants. Moss & King, for appellee.
   Mr. Justice Matchett

delivered the. opinion of the court.


text:
    Siebold Schaeffer Company, appellee, v. McNeil & Higgins Company et al., appellants.
    Gen. No. 30,939.
    Action for breach of contract. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. William J. Lindsay, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed October 11, 1926.
    Charles Hudson and Mayer, Meyer; Austrian & Platt, for appellants. Lewis, Adler, Lederer & Kahn, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Charles T. Kramer, appellee, v. George Halleck Taylor, appellant.
    Gen. No. 30,985.
    Action for interest due upon certain notes. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Charles E. Green, Anson H. Brown and Lawrence A. Rice, for appellant. Oren W. Coler, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Michael C. Yunker, appellee, v. Catherine Cordell, appellant.
    Gen. No. 31,007.
    Action for value of services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed upon remittitur; otherwise reversed and remanded.
    Opinion filed October 11, 1926.

      Leslie H. Whipp, for appellant. Walter J. Miller and Walter J. Wenger, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Mamie E. Clark, appellee, v. George T. Miller, appellant.
    Gen. No. 31,034.
    Action for balance due on money loaned. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Edward H. Morris and James B. Cashin, for appellant. No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Bickett Coal & Coke Company, appellant, v. Binkley Coal Company, appellee.
    Gen. No. 31,044.
    Action for goods sold and delivered. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Henry J. and Charles Aaron, for appellant; Franklin Baber, of counsel. Gallagher, Kohlsaat, Binaker & Wilkinson, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    B. L. Rosset & Company, appellee, v. The Fair Artificial Ice Company, appellant.
    Gen. No. 31,053.
    Action for services and material furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Bobert E. Gentzel, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    James W. Casey and Harry G. Hershenson, for appellant. Carpenter & Grant, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Chicago Wood & Coal Company, appellee, v. City of Chicago, appellant.
    Gen. No. 31,063.
    Petition for mandamus. Writ awarded. 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, 1926.
    Affirmed.
    Opinion filed October 11, 1926.
    Francis X. Busch, Corporation Counsel, for appellant; Boy S. Gas-kill, Daniel V. Gallery and W. Arnold Amberg, Assistant Corporation Counsel, of counsel. A. D. Gash, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


author: Mr. Justice Hatchett

text:
    Harry A. Pillman, appellant, v. Arthur R. Jones et al., trading as Continental Credit Trust, appellees.
    Gen. No. 31,073.
    Action for conversion of bonds. Order denying motion to vacate judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding. Hoard in the first divison of this court for the first district at the March term, 1926,
    Beversed and remanded.
    Opinion filed October 11, 1926.
    Hauze & Hauze, for appellant. Culver, Andrews & King, for appellees.
   Mr. Justice Hatchett

delivered the opinion of the court.


author: Mr. Justice Matehett

text:
    Margaret Klosky Converse, appellee, v. Balaban & Katz Corporation, appellant.
    Gen. No. 31,106.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Beversed.
    Opinion filed October 11, 1926.
    Gassels, Potter & Bentlejr, for appellant; Balph F. Potter and Kenneth B. Hawkins, of counsel. G. Helmer Johnson, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


author: Mr. Presiding Justice Taylor

text:
    Henry S. Blum, appellee, v. Public Life Insurance Company, appellant.
    Gen. No. 30,607.
    Action for fees for legal services. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Max Luster, Judge, presiding. Heard in the third division of this court for tho first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Behearing denied October 27, 1926.
    William E. Bodriguez, for appellant; Hamlin K. Buehman and John M. Humphrey, of counsel. Boy D. Keehn, for appellee; Edward G. Woods, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    General Automotive Manufacturing Company, appellant, v. Harvey S. Pardee, appellee. General Automotive Manufacturing Company, appellant, v. Charles A. Pardee, appellee. General Automotive Corporation, appellant, v. Charles A. Pardee, appellee. General Automotive Corporation, appellant, v. Harvey S. Pardee, appellee.
    Gen. No. 30,688. Gen. No. 30,689. Gen. No. 30,692. Gen. No. 30,693.
    Action for money had and received. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Beversed with a finding of fact and judgment here.
    Opinion filed October 13, 1926.
    Behearing denied and opinion slightly modified November 18, 1926.
    Zane, Morse & Norman, for appellants; Walter Wm. Pearson, of counsel. Paul O’Donnell, for appellees.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Miller & Pardee, Inc., appellant, v. Charles A. Pardee, appellee.
    Gen. No. 30,690.
    Action for money had and received. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Reversed.
    Opinion filed October 13, 1926.
    Rehearing denied and opinion slightly modified November 18, 1926.
    Zane, Morse & Norman, for appellant; Walter Wm. Pearson, of counsel. Paul O’Donnell, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    James E. Duffy, appellee, v. John L. Engstrom, appellant.
    Gen. No. 30,744.
    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 third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    , Rehearing denied October 27, 1926.
    Frank H. Lennards, for appellant. Montgomery, Hart & Smith, for appellee; William P. MaeCracken, Jr., William E. Hooper and Victor C. Milliken, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    John Sunderman and Nellie Sunderman, complainants, v. Charles L. Thayer, defendant, appellant. G. H. Wilford, defendant, appellee, on appeal of Charles L. Thayer, appellant.
    Gen. No. 30,754.
    Bill of interpleader to determine rights to commissions for sale of real estate. Decree for interpleaded defendant. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Louis J. Victor, for appellant. O’Brien & Hayes, for appellee; William B. O’Brien and John J. Dillon, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Times Square Auto Supply Company, Inc., appellee, v. Howard F. Leopold, appellant.
    Gen. No. 30,772.
    Action upon cheeks. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Lewis, Adler, Lederer & Kahn, for appellant. Moses, Kennedy, Stein & Baehrach, for appellee; Herbert H. Kennedy, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


author: Mr, Presiding Justice Taylor

text:
    Adela Reivitz, appellee, v. Chicago Rapid Transit Company, appellant.
    Gen. No. 30,781.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Thomson, J., dissents.
    Opinion filed October 13, 1926.
    Gardner, Foote, Burns & Morrow, for appellant; Walter M. Fowler and James K. Miller, of counsel. Ryan & Rosenthal, for appellee; Philip Rosenthal, of counsel.
   Mr, Presiding Justice Taylor

delivered the opinion of the court.


text:
    Herman Friedl, appellee, v. Otto Luhr, appellant.
    Gen, No. 30,793.
    Bill for dissolution of partnership and other relief. Decree- for complainant. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Rehearing denied and opinion slightly modified October 27, 1926.
    Frank T. Huening, for appellant. Ernest G. Kusswurm and Oke L. Pearson, for appellee; Amos W. Marston, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


author: Mr. ‘Presiding Justice Taylor

text:
    The People of the State of Illinois, defendant in error, v. Joseph Piatek, plaintiff in error.
    Gen. No. 30,887.
    Prosecution for assault. Judgment of conviction. Error to the Municipal Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. He.ard in the third division of this court for the first district at the March term, 1926.
    Reversed.
    Opinion filed October 13, 1926.
    Edward N. Sherburne, for plaintiff in error. Robert E. Crowp, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for. defendant in error.
   Mr. ‘Presiding Justice Taylor

delivered the opinion of the court.


text:
    Thomas Cusack Company, appellee, v. Austin Construction Company, appellant.
    Gen. No. 30,903.
    Action for negligent injury to property. 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" March term, 1926.
    Reversed with a finding of fact.
    Opinion filed October 13, 1926.
    Abraham Lepine, for appellant; George C. Bliss, of counsel. Hummer, Buckley & Hummer, for appellee; Orville W. Lee, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Joseph Wierzbowski, appellee, v. George Belniak, appellant.
    Gen. No. 30,926.
    Action for commission for services as real estate broker. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 13, 1926.
    Ziv, Loomis & Silver-trust", for appellant. Thomas W. Bramhall, for appellee; Lyle L. Richmond, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    Rachel Izen, plaintiff in error, v. Abe Ploinski, Maurice Gordon and Lipton Lavin, defendants in error.
    Gen. No. 30,360.
    Action for personal injuries. Judgment for defendants. Error to the Circuit Court of Cook county; the Hon. John A. Swanson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926,
    Reversed and remanded.
    Opinion filed October 13, 1926.

      Albert Sehaffner, Charles C. Spencer and Arthur A. House, for plaintiff in error. John A. Bloomingston, for defendant in error Maurice Gordon. Joseph H. Hinshaw, for defendant in error Abe Ploinski. Cassels, Potter & Bentley, for defendant in error Upton Bavin; Ralph F. Potter and. Kenneth B. Hawkins, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice O’Connor'

text:
    Charles F. Morgan, appellee, v. New York Central Railway, appellant.
    Gen. No. 30,484.
    Action for personal injuries. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry B. Miller, Judge, presiding. Heard, in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Thomson, J., dissents.
    Opinion filed October 13, 1926.
    Glennon, Cary, Walker & Murray, for appellant; Sidney C. Murray and Marvin A. Jersild, of counsel. E. Leslie Cole and Charles C. Spencer, for appellee.
   Mr. Justice O’Connor'

delivered the opinion of the court.


text:
    Claus S. Claussen, et al., appellees, v. Frank B. Buszin, appellant.
    Gen. No. 30,703.
    Forcible detainer. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. Frank M. Padden, Judge, presiding. Heard in the third division of this court for the first district at the October term; 1925.
    Reversed and remanded.
    Opinion filed October 13, 1926.
    Rathje, Wesemann; Hinckley & Barnard, for appellant. Rathje & Connor, for appellees.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Samuel Klein, appellant, v. Francis Low Corbit, appellee.
    Gen. No. 30,712.
    Action for negligent injury to property. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. W. C. King, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Reversed and remanded.
    Opinion filed October 13, 1926.
    Miller, Gorham, Wales & Noxon, for appellant; John J. Grealis, of counsel. Joseph H. Henshaw, for appellee; Wadsworth Watts, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Harry T. Evans, appellee, v. Joseph Goder and A. H. Moorehouse, trading as The Chicago Incinerator Company. Joseph Goder, appellant.
    Gen. No. 30,721.
    Action for services as salesman. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. George B. Holmes, Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Rehearing denied and opinion slightly modified October 27, 1926.

      Watrous, Richie & Weiss, for appellant. Clarence T. Horse, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    The S. & S. Fuel Company, appellee, v. John B. Kausal Coal Company, appellant.
    Gen. No. 30,732.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John J.'Lupe, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Garrett, McKenna & Harris, for appellant. Edward D. Pomeroy and Henry T. Martin, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    P. Glesner, appellee, v. W. A. Nicholson, appellant.
    Gen. No. 30,766.
    Action upon promissory note. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Max Luster, Judge, presidHeard in the third division of this court for the first district at the October term, 1925.
    Reversed and remanded.
    Opinion filed October 13, 1926.
    John G. McDonald, for appellant. Alex M. Golman, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Ferguson & Lange Foundry Company, appellant, v. Jacob Franks, appellee.
    Gen. No. 30,775.
    Action for services and material furnished. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Silber, Isaacs, Silber & Woley, for appellant; James D. Woley, of counsel. D ’Ancona & Pflaum, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    H. C. Dean, trading as H. C. Dean & Company, plaintiff in error, v. Tillie Rosen, defendant in error.
    Gen. No. 30,892.
    Action for commissions as real estate broker. Judgment for defendant. Error to the Municipal Court of Chicago; the Hon. Albert B. George, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed October 13, 1926.
    James P. Graham, for plaintiff in error; Geo. F. Ort, of counsel. Philip A. Weinstein, for defendant in error.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Leroy F. Harris, appellee, v. Levy Smith and Eugene F. Manns, appellants.
    Gen. No. 30,993.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed October 13, 1926.
    Brown & Brown, for appellants. Theodore Rubovits, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Thomson

text:
    Northwestern Expanded Metal Company, appellee v. Judson Freight Forwarding Company, appellant.
    Gen. No. 30,676.
    Bill for discovery and an accounting. Decree for complainant. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed October 13, 1926.
    Hummer, Buckley & Hummer, for appellant; John S. Hummer, of counsel. Brown, Fox & Blumberg, for appellee; Jacob Logan Fox, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Charles W. Vlach, appellee, v. Henry W. Bowman and Ellen M. Bowman, appellants.
    Gen. No. 30,738.
    Action for services as real estate broker. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. James J. O’Toole, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Reversed and cause remanded.
    Opinion filed October 13, 1926.
    Freeman, Mason, Igoe & Flaherty, for appellants. Newman, Poppenhusen, Stern & Johnston, for appellee; Edward R. Johnston and Max J. Wester, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Advance Window Frame Company, appellee, v. Jens K. Doe, appellant.
    Gen. No. 30,750.
    Action for damages for negligence of surveyor. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Alfar M. Eberhardt, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Elmer W. Adkinson, for appellant. Joseph F. Edward, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Charles W. Helsel, appellant, v. M. L. Rau, appellee.
    Gen. No. 30,760.
    Bill to restrain interference with tenant’s use of leased premises. Decree for defendant. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Reversed and cause remanded with directions.
    Opinion filed October 13, 1926.
    J. C. K. Lindhout and E. C. Howard, for appellant. Edward I. Rothbart and Wharton Plummer, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    H. L. Wallach and S. W. Wallach, appellees, v. Yellow Cab Company, appellant.
    Gen. No. 30,769.
    Action for negligent injury to property. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon. John P. Haas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Blake & Hanrahan, for appellant; James B. Hanrahan, of counsel. No appearance for appellees.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Agnes Johnson, appellee, v. Yellow Cab Company, appellant.
    Gen. No. 30,778.
    Action for personal injury. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Harry B. Miller, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    Samuels, Costello & Greenberg and C. C. Cunningham, for appellant. C. Helmer Johnson, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    In re petition of Royal Nordlund, insolvent debtor, arrested at suit of Henry Merle Williamson, appellee, on appeal of Royal Nordlund, appellant, v. The People of the State of Illinois, appellee.
    Gen. No. 30,787.
    Petition for release from arrest under ca. sa. Order denying petition. Appeal from the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed October 13, 1926.
    James H. McFarland, for appellant. Benjamin Levering, W. H. Millar and Elmer H. Heitmann, for Henry Merle Williamson,' appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Ralph Sollitt, defendant in error, v. Wisconsin Lime & Cement Company, plaintiff in error.
    Gen. No. 30,824.
    Action for negligent injury to property. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    O’Connor, J., dissents.
    Opinion filed October 13, 1926.
    N. I. Barry and Cassels, Potter & Bentley, for plaintiff in error. William L. Hart, for defendant in error; William L. Hart and Joseph P. Brodie, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Joseph Klafter, appellee, v. Nasib Bahout, appellant.
    Gen. No. 30,922.
    Action for services as architect. 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, 1926.
    Affirmed.
    Opinion filed October 13, 1926.
    John J. Sonsteby, for appellant. Perlman, Goodman & Scolnik, for appellee; Avern B. Scolnik, of counsel.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Thomas P. Evans, appellee, v. Sharp & Smith, appellant.
    Gen. No. 30,932.
    Action for work and labor. 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 March term, 1926.
    Affirmed.
    Opinion filed October 13, 1926.
    Alfred B. Barr and Charles S. Cutting, for appellant. William A. Either, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Anton Fuerst and Miles Fuerst, trading as Anton Fuerst & Company, appellees, v. Frank Klika, appellant.
    Gen. No. 30,945.
    Action for commissions as real estate brokers. 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, 1926.
    Affirmed.
    Opinion filed October 13, 1926.
    Jones & Kerner and Charles A. Churan, for appellant. Joseph C. Pisha and Ewart Harris, for appellees.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Dan Baldino, trading as Dan Baldino & Company, appellee, v. Jacob Bass, appellant.
    Gen. No. 30,976.
    Action for commissions as real estate broker. 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 March term, 1926.
    Affirmed.
    Opinion filed October 13, 1926.
    Sissman & Sissman, for appellant; Jesse Sissman, of counsel. No appearance for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Donalsonville Grain & Elevator Company, appellee, v. Lion Specialty Company, appellant.
    Gen. No. 30,987.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of .Chicago; the Hon. Frank M. Padden, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed with a finding of fact.
    Opinion filed October 13, 1926.
    Campbell & Fischer, for appellant. Baker, Holder & Schmidt, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Esther Joy, appellant, v. City of Chicago, appellee.
    Gen. No. 30,871.
    Trespass on the ease for personal injuries. Judgment for defendant. 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 March term, 1926.
    Reversed and remanded with directions.
    Opinion filed November 17, 1926.
    James H. Turner, for appellant. Francis X. Busch, Corporation Counsel, and John J. Kelly, City Attorney, for appellee; Daniel Y. Gallery, Assistant Corporation Counsel, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Helen Johnson, appellee, v. Sam Scott, appellant.
    Gen. No. 30,972.
    Bastardy proceeding. Judgment of filiation and for maintenance. Appeal from the Municipal Court of Chicago; the Hon. William L. Morgan, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Arnold M. Ehrlich and Elwyn E. Long, for appellant. Robert E. Crowe, State’s Attorney, for appellee; Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, of counsel.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Gustave C. Spengler, appellee, v. Max Herman and Dora Herman, appellants.
    Gen. No. 31,023.
    Suit for money loaned. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, preHeard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Rehearing denied December 2, 1926.
    Eugene Bernstein and Albert E. Gordon, for appellants; Harry A. Linaweaver, Jr., of counsel. Joel Baker, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    Charles A. Stevens & Brothers, appellee, v. W. O. Carr, appellant.
    Gen. No. 31,075.
    Suit for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Lawrence B. Jacobs, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Charles C. Bombaugh, for appellant. Wiley E. Hosier, for appellee.
   Mr. Presiding Justice Taylor

delivered the opinion of the court.


text:
    R. E. Cochran Company, Inc., appellee, v. Mark T. Adamson, trading as Mark T. Adamson Company, appellant.
    Gen. No. 30,906.
    Suit to recover damages for not diverting shipment. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 17, 1926.
    Rehearing denied December 2, 1926.

      Stewart Reed Brown, for appellant. Schuyler, Ettelson & Weinfeld, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    John G. Coon for use of Frank P. Coon, appellant, v. Weil-McLain Company, appellee.
    Gen. No. 30,919.
    Judgment on default. Appeal from order vacating judgment and re-instating cause. Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Frederic L. Goff, for appellant. Frisch & Frisch, for appellee; Sidney Frisch and Robert E. Corcoran, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    H. M. Stanford, appellee, v. J. F. O'Brien, trading as J. F. O'Brien & Company, appellant.
    Gen. No. 30,954.
    Action for money received as plaintiff’s rental agent. 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, 1926.
    Reversed and judgment here.
    Thomson, J., dissents.
    Opinion filed November 17, 1926.
    Wolfsohn & Fireman, for appellant. Monahan & Monahan, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    American Chain Company, appellee, v. Emery Motor Livery Company, appellant.
    Gen. No. 30,963.
    Action for balance due. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Charles F. McKinley, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Samuels, Lawton & Wittelle, for appellant. Teller, Levit, Silver-trust & Levi, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    E. H. Eggleston, appellee, v. Robert E. Hicks Corporation, appellant.
    Gen. No. 30,984.
    Action to recover balance due. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 17, 1926.
    Perley H. Bishop, for appellant. A. D. Gash, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Harry Atkinson, Inc., appellee, v. McNichols & Kimmel, Inc., appellant.
    Gen. No. 31,014.
    Suit to recover balance due on written contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. James J. O’Toole, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Harold L. Peigenholtz, for appellant. No appearance for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    J. Eavenson & Sons, Inc., plaintiff in error, v. William T. Spry, defendant in error.
    Gen. No. 30,487.
    Suit to recover on guaranty of unpaid invoices, aided by attachment. Judgment for defendant. Error to the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and cause remanded.
    Opinion filed November 17, 1926.
    Brown, Roe & Bye, William R. Brown and Clifford G. Roe, for plaintiff in error. Alice Greenacre, for defendant in error.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Lionel A. Sherwin, plaintiff in error.
    Gen. No. 30,860.
    Judgment imposing fine on attorney for contempt of court. Error to 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, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Robert E. Crowe, State’s Attorney, for plaintiff in error; Clarence E. Nelson, Henry T. Chace, Jr., and Edward E. Wilson, Assistant State’s Attorneys, of counsel. Laramie & Sherwin, for defendant in error.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    L. K. Knight, appellee, v. Joseph Tlapa, appellant.
    Gen. No. 31,020.
    Trespass on the case to recover damages to automobile 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 March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Harold L. Feigenholtz, for appellant; Edmund M. Sinnott, of counsel. Levisohn & Levisohn, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Franklin Hardin, appellant, v. James Adams, appellee.
    Gen. No. 31,036.
    Bill to open default decree. Dismissed on demurrer. Appeal from the Circuit Court of Cook county; the Hon. Francis S. Wilson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Reversed and cause remanded with directions.
    Opinion filed November 17, 1926.
    Morton J. Stevenson, for appellant. Peter J. Hower, for appellee,
   Mr. Justice Thomson

delivered the opinion of the court.


text:
    Joy-Tarbell Lumber Company, appellant, v. James B. Hall, appellee.
    Gen. No. 31,043.
    Assumpsit to recover commissions alleged retained by agent in excess of contract right. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. William J. Lindsay, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 17, 1926.
    Bangs & Frankhauser, for appellant; Wendell McHenry, of counsel. Arthur E. Manheimer, for appellee.
   Mr. Justice Thomson

delivered the opinion of the court.


author: Mr, Presiding Justice MeSurely

text:
    Ben H. Harris, appellee, v. Piggly Wiggly Stores, Inc., appellant.
    Gen. No. 30,991.
    Suit for damages for personal injuries from automobile. 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, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Willard M. McEwen and George C. Bliss, for appellant. Byan & Rosenthal and Busby, Weber, Miller & Donovan, for appellee.
   Mr, Presiding Justice MeSurely

delivered the opinion of the court.


text:
    V. G. Trueblood & Company, appellee, v. Charles H. Wagner Company, appellant.
    Gen. No. 31,037.
    Garnishment proceedings. • Judgment against garnishee. Appeal from the Municipal Court of Chicago; the Hon. Joseph H. Fitch, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.
    Paul W. Herbert, for appellant. C. A. Samuels, for appellee.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    M. R. Hermann, appellee, v. General Linseed Oil Company, appellant.
    Gen. No. 31,088.
    Suit for damages for employee’s wrongful discharge. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed upon remittitur of $390; otherwise reversed and remanded.
    Opinion filed November 29, 1926.
    Gallagher, Shulman, Abrams & Henry, for appellant; Vincent G. Gallagher and Meyer Abrams, of counsel. Jacob G. Grossberg and Harry E. Kopald, for appellee.
   Mr. Presiding Justice MeSurely

delivered the opinion of the court.


text:
    Anna M. Molloy, administratrix of the estate of Loretta Molloy, deceased, appellee, v. Chicago Rapid Transit Company, appellant.
    Gen. No. 31,100.
    Action for wrongful death. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Rehearing denied December 13, 1926.
    Addison L. Gardner and Carroll H. Jones, for appellant; Walter M. Fowler, of counsel. James C. MeShane, for appellee.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


text:
    John J. Murphy, appellee, v. William E. Dee Company, appellant.
    Gen. No. 31,109.
    Action for personal injuries from automobile collision. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John A. Swanson, Judge; presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Kirkland, Patterson & Fleming, for appellant; Weymouth Kirkland, Jay Fred Reeve and William H. Symmes, of counsel. Morse Ives, H. H. Patterson and O. O. Bodenstab, for appellee; H. H. Patterson, of counsel.
   Mr. Presiding Justice McSurely

delivered the opinion of the court.


author: Mr. Justice Johnston

text:
    John L. Hemingway, administrator of the estate of Herbert C. Hemingway, plaintiff in error, v. City of Chicago, defendant in error.
    Gen. No. 30,410.
    Action for wrongful death. Judgment for defendant. Error to the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding. Heard in the first division of this court "for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.
    Rehearing denied and supplemental opinion filed December 13, 1926.
    Charles C. Spencer, for plaintiff in error. No appearance for defendant in error.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Eva Ruby Raulston, defendant in error, v. Pearl T. Mottley, plaintiff in error.
    Gen. No. 30,854.
    Action on promissory note. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. J. Harry Reek, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed.
    Opinion filed November 29, 1926.
    Benjamin G. Pollard, for plaintiff in error. James I. Morehead, for defendant in error.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Harry Gilder, plaintiff in error.
    Gen. No. 30,889.
    Prosecution for receiving stolen property. Conviction and sentence. Error to the Criminal Court of Cook county; the Hon. Michael L. McKinley, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.

      John E. Poster, for plaintiff in error. Robert E. Crowe, State’s Attorney, for defendant in error; Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Park Ridge State Bank, appellant, v. Averill Tilden and John Fletcher, appellees.
    Gen. No. 30,911.
    Action for money had and received. Judgment for defendants. 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, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Castle, Williams, Long & Castle, for appellant; Howard P. Castle and Jesse R. Long, of counsel. Henry J. & Charles Aaron and Good, Childs, Bobb <& Westcott, for appellees; Franklin Raber and Walter E. Beebe, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Helen Dugdale, appellant, v. Wolfe, Steffelin & Company, appellee.
    Gen. No. 30,958.
    Action for damages for insurance lost through broker’s fault. Judgment for defendant. 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, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Brown, Brown & Brown, for appellant. George H. Braasch and Haight, Adcock, Haight & Harris, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    S. W. Irwin, appellee, v. H. G. Williamson, appellant.
    Gen. No. 30,970.
    Action for breach of 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, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Watrous, Richie & Weiss, for appellant. Royal J. Schmidt and Samuel J. Nordorf, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Ideal Fuel Company, appellee, v. M. G. Frankel, appellant.
    Gen. No. 30,982.
    Action to recover balance due on account. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Harold J. Finder, for appellant. Frank T. Jordan, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    The Chicago Conference Association of Seventh Day Adventists, appellee, v. Independent Methodist Church et al. Independent Methodist Church, appellant.
    Gen. No. 31,005.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John F. Haas, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    J. Gray Lucas, for appellant. J. J. Moser, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    R. C. McGill & Company for use of Lewis-Simas-Jones Company, appellee, v. Peter Peerbolte, appellant.
    Gen. No. 31,015.
    Action for breach of contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Rathje, Wesemann, Hinckley & Barnard, for appellant. Ela, Grover & March, for appellee; Justin K. Orvis, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Frank H. Kopp and Mae Kopp, appellees, v. Guardian Finance Corporation, appellant.
    Gen. No. 31,024.
    Action for money had and received. Judgment for plaintiffs. Appeal from the Municipal Court of Chicago; the Hon Albert B. George, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Rehearing denied December 13, 1926.
    Arthur H. Jones, for appellant. Patrick F. Murray, for appellees.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Haber Die & Stamping Company, appellee, v. E. R. Klemm, appellant.
    Gen. No. 31,050.
    Action for breach of sales contract.. Judgment for plaintiff. Appeal for the Municipal'Court of Chicago; the Hon Harry F. Hamlin, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Sumner C. Palmer, for appellant. Schuyler, Ettelson & Weinfeld, for appellee.
   Mr. Justice Johnston

delivered the opinion* of the court.


author: Mr, Justice Johnston

text:
    The Pitt Engineering Company, appellee, v. Peter Soteros et al., appellants.
    Gen. No. 31,060.
    Suit to enforce mechanic's lien. Decree for complainant. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Leesman & Roemer, for appellants; Raymond C. Schnell, of counsel. Ogren & Wermuth, for appellee; Stephen A. Cross, of counsel.
   Mr, Justice Johnston

delivered the opinion of the court.


text:
    Sam Linzer, appellee, v. Samuel Q. Goldman, appellant.
    Gen. No. 31,070.
    Action to recover payment on breached' realty contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank M. Padden, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Coburn, Kearney & Coburn, for appellant. Joseph H. Platt, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Morris Axelrood, appellee, v. Acorn Laundry Company, appellant.
    Gen. No. 31,091.
    Action for services rendered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Krauss, Goldman & Allshouse, for appellant; Robert G. Dreffein, of counsel. Frederick A. Brown, for appellee; Wm. G. Worthey, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Authors Press, appellee, v. John J. Brown, appellant.
    Gen. No. 31,112.
    Action for balance due on sales contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Max Luster, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.
    J. S. McClure, for appellant. Sumner C. Palmer, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    L. A. Sherwin, appellant, v. Milton V. Barancik, appellee.
    Gen. No. 30,904.
    Judgment by confession on note. Appeal from order denying motion to set aside. 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, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.
    Laramie & Sherwin, for appellant. Louis M. Mantynband, for appellee; Lyle L. Richmond and Reuben S. Flacks, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Florence E. Sanders, administratrix of the estate of Robert S. Sanders, deceased, appellant, v. Chicago & Eastern Illinois Railway Company, appellee.
    Gen. No. 30,927.
    Action for wrongful death. Judgment for defendant. Appeal from the City Court of Chicago Heights; the Hon. Lee W. Carrier, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.

      Morse Ives, H. H. Patterson and Charles C. Bodenstab, for appellant; H. H. Patterson, of counsel. Edward W. Rawlins, for appellee; H. T. Dick and Cráig A. Hood, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Minnie E. Walters, administratrix of the estate of Alfred F. Walters, deceased, appellee, v. Chicago & Eastern Illinois Railway and Baltimore & Ohio Chicago Terminal Railroad Company, appellants.
    Gen. No. 30,962.
    Action for wrongful death. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.
    Rehearing denied December 13, 1926.
    Edward W. Rawlins, for appellants; H. T. Dick, of counsel. James C. McShane, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    London Guarantee & Accident Company, Ltd., appellant, v. J. Weiner, trading as Liberty Cleaning Company, appellee.
    Gen. No. 30,964.
    Action to recover workmen’s compensation insurance premiums. Judgment for plaintiff on part of claim. Plaintiff appeals for full amount. Appeal from the Municipal Court of Chicago; the Hon. John Bedinger, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.
    Yose & Page, for appellant; John D. Clancy, of counsel. Nathan L. Quadow, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Harry M. Englestein and Louis Englestein, trading as Harry M. and Louis Englestein, appellees, v. Royal Furniture and Carpet Company, appellant.
    Gen. No. 30,994.
    Action for brokers’ commissions. Judgment for plaintiffs. 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, 1926.
    Reversed with finding of facts and judgment here for $3,250.
    Opinion filed November 29, 1926.
    Mayer, Meyer, Austrian & Platt, for appellant. Samuels, Lawton & Wittelle, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Illinois Glass Company, appellee, v. Hump Hair Pin Manufacturing Company, appellant.
    Gen. No. 31,018.
    Action for breach of sales contract. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Robert E. Gentzel, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed November 29, 1926.

      Deneen, Healy & Lee and Peaks, Bunch & Case, for appellant. Culver, Andrews & King, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    Henry Schrik & Company, appellee, v. Board of Education of the City of Chicago, appellant.
    Gen. No. 31,085.
    Assumpsit for breach of contract. 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 March term, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.
    Rehearing denied December 13, 1926.
    Prank S. Righeimer, for appellant; Leo V. Roeder, Ralph W. Condee and Prank P. Trunk, of counsel. John L. Mclnerney, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


text:
    National Surety Company, appellee, v. W. M. Smith et al., trading as Smith, Hardy & Company, appellants.
    Gen. No. 31,121.
    Suit to recover payment for stock certificate. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Prank M. Padden, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed November 29, 1926.
    Webster, Holmes & Holmgren, for appellants; Elmer N. Holmgren, of counsel. A. M. Blum, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


author: Mr. Presiding Justice Gridley

text:
    Arthur Schiller and Robert Schiller, trading as Arthur Schiller & Son, defendants in error, v. Simon Sachs, plaintiff in error.
    Gen. No. 30,844.
    Suit to recover for goods sold and delivered. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. Charles P. McKinley, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Webster, Holmes & Holmgren, for plaintiff in error; Grover E. Holmes, of counsel. Maurice A. Baraneik and Louis A. Mantynband, for defendants in error; Lyle L. Richmond, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Stefan Konrad Sass, plaintiff in error, v. Robert E. Crowe, State's attorney, defendant in error.
    Gen. No. 30,870.
    Petition for mandamus to compel State’s attorney to sign information and petition therefor. Demurrer to petition sustained. Error to the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    ' MeGilvray, Eames, Vaughan & Tilley, for plaintiff in error. Robert E. Crowe, State’s Attorney, and William H. Duval, Assistant State's Attorney, for defendant in error; Ewart Harris, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Gus Thomas, appellee, v. Evening American Publishing Company, appellant.
    Gen. No. 30,905.
    Action for personal injuries in automobile collision. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Roy D. Keehn, for appellant; Edward G. Woods, of counsel. Ralph R. Obenehain and Henry Pollenz, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Kelly-Iverson, Inc., appellee, v. Theodore Aaron, Inc., appellant.
    Gen. No. 30,928.
    Assumpsit to recover for breach of warranty. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. J. P. Gillham, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Blum, Blum & DeLaney, for appellant; John V. DeLaney, of counsel. Newby & Murphy, for appellee; Albert E. Isley, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Alice M. Wigney, appellant, v. Charles H. Coyle, appellee.
    Gen. No. 31,038.
    Action for falsely causing incarceration in insane asylum. Judgment against plaintiff for costs upon sustaining demurrer to declaration. Appeal from the Superior Court of Oook county; -the Hon. Hugo Pam, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Sumner C. Palmer, for appellant. Stein, Mayer & David, for appellee; Sigmund W. David, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Fort Dearborn Lumber Company, appellee, v. Community State Bank, appellant.
    Gen. No. 31,068.
    Assumpsit to recover from bank balance of deposited and collected cheek above debt to bank. 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, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Gallagher, Shulman, Abrams & Henry, for appellant; Vincent G. Gallagher and Meyer Abrams, of counsel. William E. Rafferty, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Helen Tenney, appellee, v. Martha Minehan Dinse, appellant.
    Gen. No. 31,098.
    Assumpsit for money had and received. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Ben E. Anderson, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Rehearing denied January 4, 1927.
    Alexander J. Innes and Fred B. Silsbee, for appellant. H. T. Fletcher and Charles Hudson, for appellee.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


author: Mr. Justice Barnes

text:
    The People of the State of Illinois ex rel. Mark B. O'Leary, defendant in error, v. Charles W. Catino et al., plaintiffs in error.
    Gen. No. 30,831.
    Contempt proceeding against election officials. Order holding them guilty. Error to the County Court of Cook county; the Hon. Edmund K. Jarecki, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed.
    Opinion filed December 21, 1926.
    Henry A. Berger and John F. Higgins, for plaintiffs in error. Robert E. Crowe, State’s Attorney, for defendant in error; Joseph B. Fleming, Special Assistant State’s Attorney, and Henry T. Chace, Jr., Assistant State’s Attorney, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Otto Cederwall, appellant, v. Nicholas R. Finn et al., appellees.
    Gen. No. 30,884.
    ■ Petition for mandamus to compel restoration of relator to classified service of city of Chicago. Demurrer to plea overruled. Appeal from the Superior Court of Cook county; the Hon. Ho sea W. Wells, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Franklin Raber, for appellant. Francis Z. Busch, Corporation Counsel, Leon Hornstein and Carl Hjalmar Lundquist, Assistant Corporation Counsel, for appellees; Cora B. Hirtzel, Assistant Corporation Counsel, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. William J. H. Schultz, appellant, v. Nicholas R. Finn et al., appellees.
    Gen. No. 30,885.
    Petition for mandamus to restore relator to classified service of city of Chicago. Demurrer to plea overruled. Appeal from the Superior Court of Cook county; the Hon. Hosea W. Wells, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Franklin Raber, for appellant. Francis Z. Busch, Corporation Counsel, Leon Hornstein and Carl Hjalmar Lundquist, Assistant Corporation Counsel, for appellees; Cora B. Hirtzel, Assistant Corporation Counsel, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


text:
    Joseph Walczak and Walter Walczak, trading as Walczak Brothers, appellants, v. Julia Hac, appellee.
    Gen. No. 30,940.
    Suit on promissory note. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Matthew D. Hartigan, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Reversed and remanded.
    Opinion filed December 21, 1926.
    Elmer J. Schnaekenberg and O. L. U. Clemens, for appellants. Smietanka, Rickard & Poulton, for appellee; John J. Poulton, of counsel.
   Mr. Justice Barnes

delivered the opinion of the court.


author: Mr, Justice Barnes

text:
    Otis N. LaBarence, appellee, v. Elgin, Joliet & Eastern Railway Company, appellant.
    Gen. No. 30,989.
    Suit for personal injuries to employee under Employers’ Liability Act. Judgment for plaintiff. Appeal from the City Court of Chicago Heights; the Hon. Lee W. Carrier, Judge, presiding. Heard in the second division of this court for the first dstriet at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Knapp & Campbell, for appellant; Joseph L. Earlywine, Abbott, Hood & Smith and Paul R. Conaghau, of counsel. H. H. Patterson, for appellee.
   Mr, Justice Barnes

delivered the opinion of the court.


text:
    Tom G. Roumbos, administrator of the estate of Marie Roumbos, appellee, v. City of Chicago, appellant.
    Gen. No. 31,061.
    Action under Injuries Act to recover for negligently causing death of child. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. John A. Swanson, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1926.
    Affirmed.
    Opinion filed December 21, 1926.
    Francis X. Busch, Corporation Counsel, and John J. Kelly, City Attorney, for appellant; Daniel V. Gallery, Assistant Corporation Counsel, of counsel. Charles C. Spencer, Arthur A. House, Albert Schaffner and Emanuel G. Coliopoulos, for appellee.
   Mr, Justice Barnes

delivered the opinion of the court.