author: Mr. Justice Allaben

text:
    The Sherwin-Williams Company, Appellant, v. Watson Industries Inc., Appellee.
    Gen. No. 8,805.

      Opinion filed October 10, 1934.
    Rehearing denied January 2, 1935.
    England & O’Toole, Wilson & Schmiedeskamp and Williams & Williams, for appellant; A. F. Racicerby, of counsel.0
    Sherman M. Booth, Catron & Hoffmann and Mumford & Mumford, for appellee.
   Mr. Justice Allaben

delivered the opinion of the court.

This is a creditors’ bill brought by The SherwinWilliams Co., a corporation, a judgment creditor, on behalf of itself and all other creditors of R. A. Watson Orchards Inc., against R. A. Watson Orchards Inc., a corporation, Watson Industries Inc., and John F. Butcher. The plaintiff on November 12, 1931, recovered a judgment in Cook county in the sum of $6,184.17 against R. A. Watson Orchards Inc., for an indebtedness incurred prior to November 1, 1930. A demurrer was filed to the original bill and sustained, whereupon plaintiff filed its amended bill, to which defendant, Watson Industries Inc., filed answer. The Hunter Lumber Company, by leave of court, as a judgment creditor, filed an intervening petition. To this intervening petition defendant, Watson Industries Inc., filed answer. Upon the amended bill of plaintiff, the intervening petition of the Hunter Lumber Company, and the answers of Watson Industries Inc., to said bill and intervening petition, a trial was had before the court without a jury.

Plaintiff’s amended bill charges that the R. A. Watson Orchards Inc., hereinafter referred to as Orchards Company, was the owner of a large and valuable storage warehouse and vinegar plant, and other property, of the value of upwards of $400,000; that R. A. Watson, president of the Orchards Company, conspired with one of the defendants, John F. Butcher, whereby Butcher and others were to form a corporation, known as the Watson Industries Inc., hereinafter referred to as Industries Inc., for the purpose of having the property described as the storage warehouse and vinegar plant transferred from the Orchards Company to the Industries Inc., which said corporation, it is charged, was to be formed in fraud of the creditors of Orchards Company.

Plaintiff further charges that a contract was executed between the Orchards Company and Industries Inc. on the 4th day of November, A. D. 1930, whereby the property hereinabove referred to was to be sold for $75,000, and whereby Industries Inc. would assume a sprinkler contract made between the Orchards Company and the Cruickshank Company of New York, calling for eight payments of $5,490 each, beginning January 1,1931. The contract for the organization of Industries Inc., it is charged, provided for a corporation with $75,000 first preferred stock, and 2,000 shares, no par common, to be issued to John F. Butcher, 1,000 shares of common stock to be placed in escrow with the First National Bank of Paris, Texas, for the benefit of the Orchards Company on the retirement of the preferred stock of Industries Inc. The amended bill charges further that the contract provided that the preferred stock might be retired in seven years from the earnings of the new company, or by payment of the difference between the earnings of Industries Inc., if less than $75,000 in seven years, and the $75,000; whereupon the 1,000 shares of preferred stock of Industries Inc. held in escrow was to be transferred to the Orchards Company, fully paid and non-assessable.

It is further charged that the new corporation was formed and stock subscribed by John F. Butcher, J. A. McGill, J. C. DeShong, Reginald A. Watson and T. Boswell; that the property in question was conveyed by a general warranty deed to Industries Inc., on November 6,1930; that the Orchards Company and Industries Inc., and John F. Butcher knew that the principal defendant, Orchards Company, was indebted in large sums and was actually insolvent at the time the conveyance was made; that the property conveyed was substantially all of the property of the principal defendant which was not incumbered for more than it was worth; that such conveyance rendered the Orchards Company totally insolvent, and was made for the purpose of hindering, delaying and defrauding plaintiff, and other creditors.

The amended bill further charges that the sprinkler system referred to was not the property of the principal defendant, the Orchards Company, but was purchased under a conditional sales contract, and the assumption of this contract by Industries Inc. was a savings in insurance made possible by the sprinkler system. The amended bill further charges that the consideration for the transfer of the property in question was inadequate; that a secret trust for the benefit of Orchards Company was created; that the plans were conceived and executed for a dishonest purpose, and that it was the intention of the Orchards Company to get back a one-half interest in the property conveyed to Industries Inc. free of; the debts and obligations of the Orchards Company.

The amended bill further charges, that a transcript of plaintiff’s judgment was filed in Pike county; that executions were issued to the sheriffs of Pike and Cook counties; that both executions weré returned, “no property found no part satisfied”; and concludes with a prayer asking that the conveyance of November 6, 1930, including the purported deed, be set aside, vacated and declared null and void; that the property be ordered to be sold, in whole or in part; that the proceeds of said sale be distributed among those entitled thereto, as should be determined upon adjudication of the various claims in this proceeding; and that the plaintiff be paid the amount of its judgment together with its costs.

The intervening petition of the Hunter Lumber Company sets forth a judgment in the amount of $748.74 recovered on the 12th day of April, A. D. 1932, in Pike county, which is wholly unsatisfied and unpaid, for goods, wares and merchandise furnished by the intervening petitioner and used in the construction of the premises described in plaintiff’s amended bill; that execution was issued thereon directed to the sheriff of said county, and returned on the 15th day of July, in the same year, unsatisfied. The intervening petitioner further sets up charges as to the fraudulent conveyance and the insolvency of the Orchards Company at the time the conveyance was made, to the same effect as were set out in plaintiff’s amended bill.

Industries Inc. answer to plaintiff’s amended bill, denying that the sheriffs of Cook and Pike counties were unable to find property upon which the execution of plaintiff could be levied, denying that the property in question is worth $400,000, as charged in the amended bill, and avers that the value of said property would not exceed $100,000. The answer denies any fraudulent plan or intent in the contract for conveyance, but admits the execution of the contract. It avers that the property conveyed was only a minor part of the property and assets of the Orchards Company, and denies that it was the most valuable part of said ássets. The answer further avers that the conveyance was authorized by the board of directors of the Orchards Company, then owning more than two-thirds of the capital stock of said corporation. It denies the insolvency of the Orchards Company at the time of the conveyance and avers that the company was solvent at that time, and that it had assets greatly in excess of its liabilities. The answer avers further that the sale of the properties in question was made in good faith for an adequate consideration. The answer admits the legal title to the sprinkler system was in the Cruickshank Company, but denies that the sole consideration for the assumption of this contract was the saving in insurance to Industries Inc.

The answer of Industries Inc. to the intervening petition of the Hunter Lumber Company admitted the recovery of the judgment claimed by the intervening-petitioner, the execution issuing thereon directed to the sheriff of Pike county, Illinois, and the amount due under the judgment. It further admits that the cause of action of the intervening petitioner was for an indebtedness due for goods, wares and merchandise sold by the intervening petitioner to B. A. Watson Orchards Inc., prior to the 1st day of November, 1930.

The answer avers that by reason of the facts stated in the intervening petition, that said petitioner has a statutory lien for the goods and merchandise furnished, against the premises of the Orchards Company, and had ample and sufficient security for said indebtedness on account of this lien; that said intervening petitioner is, therefore, precluded and prevented by law from asserting in this suit its right to become a party. In addition to these denials and averments the answer contains the usual general denial as to fraud and conspiracy.

After a full hearing the court entered a decree finding that the plaintiff had recovered judgment as alleged in the amended bill; that execution had issued to the sheriffs of Cook and Pike counties, and both returned unsatisfied; that the Hunter Lumber Company had recovered judgment as charged in its intervening petition; that execution issued pursuant thereto was returned unsatisfied; that the defendant, Orchards Company, did not have any property in the counties of Cook or Pike out of which said execution could be satisfied, either in whole or in part; that the Hunter Lumber Company had furnished the goods, wares and merchandise which gave rise to its judgment prior to November 1, 1930, at which time the Orchards Company was the owner in fee simple of the premises described in the amended bill. The court further finds that E. A. Watson was president of, and the owner of a majority of the capital stock of, the Orchards Company; that he was one of the incorporators of Industries Inc., and a stockholder and director thereof; that John P. Butcher was likewise an incorporator, stockholder, director and officer of the latter company; that on or about the 4th day of-November, 1930, Orchards Company entered into a contract with John F. Butcher for the Industries Inc., as charged in the amended bill, for the conveyance of the premises therein described; that the stockholders of Industries Inc. were as charged in said amended bill; that Industries Inc. caused to be paid to Orchards Company the sum of $75,000 by crediting the Orchards Company with $48,000 owing by the Orchards Company to Butcher, and to corporations in which he had an interest, and by surrendering collateral held to secure said obligations; that as further consideration for said conveyance the Industries Inc. did pay the Orchards Company $27,000 in cash, with the understanding that Industries Inc. assumed the Cruickshank sprinkler contract in the amount of $43,984, and a mortgage of $2,000; paid the taxes for the year 1930 in the sum of $1,755, and assumed the payment of a balance due upon an apple washing machine, in the sum of $800.. The court further found that Industries Inc. issued and delivered to John F. Butcher all of its preferred stock of a par value of $75,000, and 2,000 shares of common stock at a valuation of $37.50 a share; that the grantee in said deed of conveyance assumed the sprinkler contract, and other indebtedness mentioned, and accepted the premises conveyed in full payment for its total issue of $150,000 of capital stock. The court further found that the contract dated November 4, 1930, created a secret trust for the benefit of the Orchards Company by placing the 1,000 shares of common stock in escrow; that said secret trust and escrow agreement was designed and entered into on the part of Watson and the Orchards Company for the purpose of enabling said Orchards Company to retain a secret interest in the property conveyed, unknown to its creditors, and with the intent that upon the return of the consideration of $75,000 paid for the property within seven years the Orchards Company should have and retain a one-half interest in said property.

The Recree further found that it. A. Watson became manager of Industries Inc. for seven years at a salary of $5,000 a year; that at the time of the making of the contract and arrangements, and of the conveyance of the real estate, warehouse and vinegar plant, Orchards Company was insolvent, which was known by R. A. Watson. The court further found that at the time of the transfer there was a deficit for the payment of liabilities in the sum of $180,867; that the conveyance and contract were entered into by the Orchards Company with the fraudulent intent to hinder, delay and defraud its creditors, and that said conveyance and contract did hinder, delay and defraud said creditors and did perpetrate an actual fraud upon said creditors ; that Industries Inc. and John F. Butcher, acting for it, did not have notice or knowledge of the intent of Orchards Company to hinder, delay or defraud its creditors, and in accepting said conveyance did not intend to hinder, delay or defraud creditors of Orchards Company; that these proceedings were brought on behalf of all persons, firms and corporations who were creditors of Orchards Company, from November 6, 1930, and who might intervene; that the contract of November 4,1930, and deed of November 6, 1930, be set aside, declared null and void, but because Industries Inc. and Butcher had no actual notice or knowledge of the intent of Orchards Company to hinder, delay and defraud its creditors, be protected to the extent of $75,000 paid by it to Orchards Company out of said property; that plaintiff accepted Orchards Company note for $5,500 dated December 20, 1930, payable October 15, 1931, which note was tendered to Orchards Company by plaintiff during the trial, which said note was secured by trust deed dated January 12, 1931, upon certain property in Pike county, as collateral security for the note upon which the judgment of $6,184.17 was taken; that if said note were liquidated the indebtedness due plaintiff could not be satisfied, and as to the Hunter Lumber Company (co-complainant), the original and amended bill' of complaint were not without equity; that the court had jurisdiction of the subject matter. The court further found that the real estate should be sold by the master, subject to liens for taxes, the right, title of the Cruickshank Corporation; and that the rights and equities of other parties should attach to the proceeds of sale. The decree orders the deed of conveyance of November 6,1930, set aside and all contracts, agreements, understandings and arrangements entered into on or about November 4, 1930, by and between Orchards Company and John P. Butcher for Industries Inc. under which the aforesaid deed of conveyance was executed, be set aside, and declared a nullity; that the property described in the amended bill be sold by the master, and from the proceeds be paid: First, the master’s costs and commissions; second, the court costs of plaintiff and coplaintiff; third, to Industries Inc. the sum of $75,000; fourth, plaintiff’s reasonable solicitors’ fees, to be subsequently fixed; fifth, the balance, if any, to be brought into court to abide the further order of the court. From this decree plaintiff and co-plaintiff appeal to this court.

The evidence in this cause, which is very voluminous, tends to show that Orchards Company, which had been in existence for some years, beginning about 1929, had been operating at a loss, and was hard pressed for operating capital to meet its obligations. This is clearly indicated from the minutes of the board of directors of that company. Apparently that condition, as shown by the directors’ minutes, steadily became worse during the years 1930 and 1931. This is further shown by various letters exchanged between John F. Butcher and B. A. Watson, president and director of Orchards Company. During* the year 1930 Orchards Company was indebted to John F. Butcher, and companies in which he was interested, in the sum of approximately $48,000. On October 31, 1930, all of the real estate owned by Orchards Company, except 13% acres in Adams county, and about four acres at Neoga, Illinois, was incumbered. It was being pressed by creditors, owed back salaries, and its borrowing power was practically exhausted. Warehouse receipts had been pledged for the purpose of obtaining* credit, and there were mortgages on the apples before they were picked from the trees.

During* the summer of 1930, Butcher, who, together with companies in which he was interested, was a creditor of the Orchards Company to the extent of approximately $48,000, entered into negotiations with Watson, president of Orchards Company, which finally resulted in the making of a contract providing as follows: Butcher was to purchase the valley warehouse and by-products plant, equipment, including eight building lots, and approximately 45 acres of bottom land, and to pay therefor the sum of $75,000, and in addition, to assume a $2,000 mortgage then on part of the property, and also to assume the obligation of the Orchards Company for the sprinkling system installed in the plant, which amounted to approximately $5,490 a year, and to take the plant and equipment, subject to all taxes and assessments falling due after 1930; that this offer was made conditioned that the Orchards Company pay, out of the $75,000, purchase price, the company’s obligations to the Cummer Manufacturing Company, the State Line Lumber Company, in both of which companies Butcher was financially interested, and John F. Butcher, individually, which indebtedness approximated $48,000, and all of which was secured either by real estate mortgages or warehouse certificates ; that if the proposition was accepted by Orchards Company, Butcher would form a new corporation, with $75,000 of preferred stock of $100 par value, and 2,000 shares of no par value common stock, valued at $37.50 a share, to take over this property, and the property would be conveyed to the said new corporation in full payment of the capital stock to be issued by it, and that the name of the new corporation would be the Watson Industries Inc.; that the plant would be operated by this corporation, and if the net profits derived from its operation amounted to $75,000 within seven years from the date of the conveyance, then one-half of the capital stock of the new company, Industries Inc., was to be transferred to Orchards Company, fully paid and.non-assessable, with the further provision that if the net profits of the company were less than $75,000 during the seven-year period, then the Orchards Company should have the privilege of paying the difference between the $75,000, purchase price, and the net profits, and in such case would be entitled to the one-half interest in the stock set aside for it in escrow. This proposition was made upon the further condition that Orchards Company pay to the new company operating said plant certain storage charges on all apples then held in the warehouse. The contract was entered into on November 4, 1930, and the deed was executed on November 6, 1930.

The correspondence between Watson and Butcher shows conclusively that both Watson and Butcher were fully cognizant of the financial condition of Orchards Company,- that said company was in a precarious financial condition, and that this sale would render Orchards Company insolvent; that the sale was taking the best assets out of Orchards Company, and by the secret agreement making it possible for Orchards Company to maintain an interest in the property, unknown to its creditors. This is further shown by the conversations between Butcher and Watson concerning whether Watson could hold the other creditors in check for four months. It appears that not long after-wards the interest which Orchards Company held in the trusteed stock was assigned to a creditor, and the assignment recorded. It further appears that It. A. Watson, who was president and a director of Orchards Company, was elected president of Industries Inc., was a director, and manager at a salary of $5,000 a year.

The judgment note on which judgment was confessed was in the principal sum of $5,500, with interest at the rate of six per cent per annum, contained the usual provisions in regard to attorneys’ fees, was dated December 20, 1930, and the judgment was in the sum of $6,184.17 and costs. A note and mortgage covering what was known as the “Bluff Orchards” was dated January 12,1931, payable to the order of bearer, on or before five years after date, and bearing interest at the rate of seven per cent per annum after maturity, were executed by Orchards Company and left with Mr. England, one of the attorneys for plaintiff. The note and mortgage were never delivered to plaintiff. Mr. England told Mr. Watson that they did not want the mortgage, called the plaintiff’s credit manager, who confirmed that statement. He also stated that he did not know that the note and mortgage were left with him at his office. He is corroborated in this by a letter from plaintiff to R. A. Watson, dated February 7, 1931, in which plaintiff says that the giving of a mortgage and note for $5,500 payable within five years with interest at seven per cent after maturity would not be satisfactory.

The court found in its decree, in the 13th paragraph, that at the time of the making of the contract and arrangements, on November 4, 1930, and the conveyance on November 6, 1930, the R. A. Watson Orchards Inc. was insolvent, and that such insolvency was known to R. A. Watson at the time of the making of the conveyance therein mentioned. That finding is sustained by the evidence. The further finding of the court, in paragraph 16, that said conveyance was made with the fraudulent intent to hinder, delay and defraud creditors, and did so, and did perpetrate an actual fraud, is also supported by the manifest weight of the evidence. “Insolvency as applied to a person, firm or corporation, engaged in trade is inability to pay debts as they fall due in the usual course of business.” Atwater v. American Exchange Nat. Bank of Chicago, 152 Ill. 605.

The court further found, in paragraph 11, that the contract dated November 4, 1930, was designed and entered into on the part of R. A. Watson Orchards Inc.- for the purpose of enabling said company to retain a secret interest in the property conveyed, unknown to its creditors. This finding is amply sustained by the evidence. The fact that thereafter the contract was assigned, and the assignment was later recorded, or that a record of the transaction was made in the minutes of the directors of the Orchards Company, and in the written contract between the parties, does not change the fact that the agreement was secret and that there was no notice, constructive or otherwise, to other creditors. (Schmidt v. Shaver, 196 Ill. 108.) The court found in its decree, in paragraphs 15 and 17, that Industries Inc. and John F. Butcher, in acting for it, did not have notice or knowledge of the intent of R. A. Watson Orchards Inc. to hinder or delay its creditors, and did not intend to hinder, delay or defraud the creditors of R. A. Watson Orchards Inc., and that, therefore, Watson Industries Inc. in so far as the properties conveyed to it, and the prior equities therein would permit, should be protected to the extent of the $75,000 paid by it to the R. A. Watson Orchards Inc. In these findings, in our opinion, the court was in error. It seems clear from the testimony that Butcher was aware of the financial condition of the Orchards Company at the time of the making of the contract. He could not help but know that the contract created a secret trust and that the effect of it would be to hinder, delay and defraud other creditors. The discussion he had with Watson, as to whether or not Watson could hold off other creditors for four months, is clearly indicative that he was fully cognizant, of the purpose and intent of Watson. The court found that it was the intent of Orchards Company and Watson to hinder, delay and defraud its creditors. Watson was president and a director of Orchards Company, and became president, director and manager of Industries Ine., immediately after its organization. If he knew it as president of Orchards Company he also knew it as president of Industries Inc. (Simmons v. Roseland Security Vault Co., 331 Ill. 563.)

The court found, in the 18th paragraph, that plaintiff received and accepted from Orchards Company its note in the sum of $5,500 dated December 20, 1930, payable October 15, 1931, which was tendered to Orchards Company by plaintiff during the course of trial, and secured by a trust deed from Orchards Company to Chicago Title and Trust Company as trustee, as collateral security for the note upon which judgment was taken on November 12, 1931. In this finding it appears that the court was in error because the note secured by this trust deed was dated January 12, 1931, the same date as the trust deed, was payable to the order of bearer on or before five years after date, and bore interest at the rate of seven per cent per annum after maturity. The note for $5,500, dated December 20, 1930, and payable October 15, 1931, was the note upon which judgment was taken and forms the basis of this suit. It further appears that said note of $5,500, dated January 12, 1931, and secured by a trust deed, was never accepted by the plaintiff as security for the $5,500 note dated December 20, 1930, due October 15, 1931, on which judgment was confessed.

Mr. England’s testimony, and the letter written by plaintiff to R. A. Watson, dated February 17, 1931, which states that the $5,500 note maturing in five years, and bearing no" interest until after maturity, was not satisfactory, and asking that new trust deed for $6,000, drawn in the customary way with interest, be executed, seems conclusive that the note of January 12, 1931, for $5,500 without interest until after maturity, five years, was not satisfactory, and was never accepted by plaintiff as collateral.

Holding, as we do, that the contract and transfer in question were fraudulent, and made for the purpose of defeating the claims of creditors, of which both Orchards Company and Industries Inc. had knowledge, it, therefore, follows that the finding of the court that, “The said Watson Industries Inc. in so far as the property so conveyed to it, and prior equities herein will permit, to be protected to the extent of Seventy-Five Thousand Dollars ($75,000) paid by it to the R. A. Watson Orchards Inc.” must be set aside. “If the grantor or assignor sells for the purpose of defeating the claims of his creditors, and such grantee or assignee knowingly assists in effectuating such fraudulent intent, or even has notice thereof, he will be regarded as a participator in the fraud, for the law never allows one man to assist in cheating another. Bump on Fraudulent Conveyances (2d ed.) 197 et seq. A deed fraudulent in fact is absolutely void as against creditors, and is not permitted to stand for any purpose of reimbursement or indemnity.” Beidler v. Crane, 135 Ill. 92, 99.

For the reasons above set forth, that part of the decree finding that the Watson Industries Inc. and John F. Butcher, in acting for it, did not have notice or knowledge of the intent of R. A. Watson Orchards Inc. to hinder, delay or defraud its creditors, and in finding that the said Watson Industries Inc. in so far as the properties conveyed to it, and prior equities therein, would permit, should be protected to the extent of $75,000 paid by it to the R. A. Watson Orchards Inc., and in ordering, adjudging and decreeing that out of the proceeds of the sale of the property ordered sold to the extent that said proceeds might be ample and sufficient and after the payment of the master’s costs and commissions, and the court costs of the plaintiff said master should pay to Watson Industries Inc. the sum of $75,000, is reversed, with directions to the court to amend the decree in accordance with the findings of this court, allowing no reimbursement to the Watson Industries Inc. until appellant and all other creditors who may intervene are satisfied in full.

Reversed and remanded with directions.


source: Caselaw Access Project

author: Mr. Justice Dove

license: Public Domain

text:
    Mila Alena Hall, Executrix of the Last Will and Testament of Charles R. Hall, Deceased, Appellee, v. Florence Wilson and Orlin Sellers, Appellants.
    Gen. No. 8,818.

      Opinion filed December 22, 1934.
    R. F. Marshall and Albert S. O’Sullivan, for appellants.
    Smith & Menzimer, for appellee; Lisle W. Menzimer, of counsel.
   Mr. Justice Dove

delivered the opinion of the court.

On September 19, 1933, appellee filed her bill to foreclose a mortgage executed by Charles J. Wilson and Florence Wilson on March 1, 1920, which secured the payment of a note for $8,000, due five years after date. Prior to March 1, 1931, Charles J. Wilson died and Florence Wilson became the owner of the mortgaged premises and on that day she and the mortgagee entered into an extension agreement, extending the same for a period of five years from that date. The premises mortgaged consisted of 81% acres of farm land near Rockford, and the original mortgage contained this clause: “It is hereby agreed that the parties of the first part shall have the privilege of having released from the lien of this mortgage one or more acres upon the payment of the sum of $300.00 per acre to the party of the second part.” The extension agreement above referred to provided that the mortgage should be extended for a period of five years, at the same rate of interest and on the same conditions, except that the parties of the first part should have the privilege of having released from the lien of the mortgage one or more acres upon the payment of the sum of $200 per acre.

Florence Wilson filed an answer and cross-bill admitting the allegations of the original bill with reference to the execution of the note, mortgage and extension agreement and set up the sale by her to Orlin Sellers of two acres of the land covered by the mortgage, notice to appellee thereof and the tender to her of $400 and the demand for a release of the two acres so sold. The cross-bill prayed for an order directing appellee to accept said tender of $400 and execute therefor a release from the operation of said mortgage of said two acres. Orlin Sellers, by leave of court, intervened, and after the issues were made up a hearing was had before the chancellor who dismissed, the cross-bill and intervening petition for want of equity and entered a decree of foreclosure and sale as prayed. From this decree, Florence Wilson and Orlin Sellers bring the record to this court for review by appeal.

Upon the hearing, the parties stipulated that the taxes for the year 1931 had not been paid by the mortgagor, but were paid by appellee on November 25, 1932, that no part of the principal had been paid and no interest since September 1, 1931, and that the total amount due appellee on the date of the decree, which was March 3, 1934, was $9,691.41; that appellant Sellers is the son-in-law of appellant Wilson, and that on August 22, 1933, appellant tendered appellee $400 and demanded of appellee the release from the operation of the mortgage of a two-acre strip therefrom described as follows, viz.: The south two acres of all that part of the west half of the northeast quarter of section Nineteen (19), Town Forty-four (44) North, Range One (1) East of the Third P. M., lying north of the north line of the State road running easterly and westerly through said quarter section, the south line of said two acres being the north line of said State road and the north line of said two acres being parallel with the north line of said State road. It further appears that on the same day, August 22, 1933, Sellers received from his mother-in-law a warranty deed conveying to him the two-acre strip above described, and that when he received the deed therefor, he knew the mortgage was in default. It further appears that the mortgaged property of 81% acres is farm land unimproved by any buildings, the south boundary line of which is the center of State Highway Route Ho. 5, which is a cement paved highway. The two acres sought to be released would be a strip of ground about 1320 feet in length running along the entire south side of the 81%-acre tract, and of the width of 65.98 feet from the center of the highway; that the value of all the property covered by the mortgage, at the time of the hearing, was about $125 per acre, while the value of the 79% acres remaining after deducting the two-acre tract described in the proposed release would not be to exceed $100 per acre.

■ The only question presented for our determination is the validity of the partial release clause hereinbefore set out. The chancellor held the release provision void for uncertainty, as it failed to describe the portion of the premises which would be subject to be released upon partial payments being made, and that it was clearly not the 'intent of the parties that the two-acre strip along the highway should be released upon the payment of $400.

While it is true, as counsel for appellants point out, that the object of courts of equity is to enforce contracts understandingly entered into and that ordinarily where there is no evidence of fraud and where the parties are competent to contract and did fairly contract, neither side ought to be relieved from the agreement on the ground that good business judgment was not used in entering into the contract. On the other hand, courts of law as well as courts of equity function for the purpose of administering justice and while a party should not be relieved simply because he fails to use the words he intended to use to convey his meaning and thereby finds himself in an unenviable position, still in order to bring about such a result, a court will not place upon language a ridiculous construction. This clause does not need construction. What it does is to accord to the mortgagor the privilege of having released from the lien of the mortgage one or more acres upon the payment of $200 per acre. It does not say where the one or more acres must be, except, of course, they must be a part of the mortgaged tract, nor does it provide any method by which the place where the acreage sought to be released can be determined. For these reasons, we believe the clause is not complete in itself, is uncertain and when applied to the facts as disclosed by this record, is unenforceable.

If under the provisions of this clause in the mortgage appellants had a right to demand the release of a- narrow strip of land approximately 1320 feet in length and 66 feet in width, which embraces every inch of frontage along the paved highway, leaving almost 80 acres cut off from any outlet to the highway, then the mortgagor would have an equal right to demand a release of a strip a few feet wide through the very center of the tract or a strip a few feet wide diagonally across the entire tract or a wedge shaped tract or a jagged parcel or a circular strip a few feet wide from the center of the tract, leaving a tract in the center of the circle and a tract outside the circle still incumbered.by the mortgage. In order to say that this could be done, we would be compelled to say that this clause gives the mortgagor the right to determine the place, shape and dimensions of the portion which he desires released and to do so would be to read something into the clause that cannot be found there.

In McCormick v. Parsons, 195 Mo. 91, 92 S. W. 1162, it appeared that the owners of a 39-acre tract of land executed a trust deed to secure the payment of $17,000 evidenced by two notes given as a part of the purchase price thereof. This deed of trust contained this clause: “And for every $600.00 that is paid on said notes, said parties of the third part obligate themselves to release one acre of the tract hereby conveyed from the lien of this deed of trust.” Following the execution of the trust deed, Lyman F. Parsons became the owner of the land therein described and sought to have released from the operation of said trust deed 15 5-6 acres of land off of the east side of said tract upon the payment of $9,500. The court held that the contract was to release one acre out of a tract of 39 acres without designating or describing the particular acre to be released, that the description in the clause providing for the release of one acre of the tract was wholly insufficient to identify the acre to be released and the clause was therefore void for uncertainty of description. See also 41 O. J. 828.

Appellants cite no cases, and we are unable to find any which would warrant this court in sustaining their contention. The cases referred to in appellants’ brief hold that release clauses complete within themselves will be sustained, upheld and enforced. We agree with their contention that the release clause involved herein is in clear, understandable English, but giving to the words of the clause their common and accepted meaning, it does not follow that the clause is complete or that it accords to appellants the right to demand the relief they insist they are entitled to. In Ogden v. Stevens, 241 Ill. 556, which was a suit instituted for the purpose of obtaining a decree permitting appellee to redeem certain premises from a foreclosure sale, the court said: “Appellant insists that by the strict letter of the written contract, appellee only had an option to purchase the property within nine months, which she did not exercise, and that thereafter she had no further rights in the premises. Conceding that the written instruments executed on February 1, 1899 are susceptible of the construction contended for by appellant, still courts of equity look to the substance rather than to the form of written instruments, and will seek to discover and carry into effect the real intention of the parties and enforce it according to the sense in which it was understood by the parties as shown by their subsequent acts and conduct with reference thereto.”

It was written many centuries ago that “the letter ldlleth but the spirit giveth life” (2 Cor. 3:6), and courts of equity in granting or withholding relief are always governed by principles of fair dealing. In our opinion it would have been unconscionable to have granted appellants the relief sought and to have denied appellee the right to foreclose as to the entire premises described in the bill.

This decree, however, will have to be reversed, inasmuch as it directs the payment of the amount found to be due within 10 days, and in default thereof that the premises be forthwith sold. The mortgage was executed on March 1, 1920, and therefore falls within the period beginning July 1, 1917, and ending July 1, 1921, and the Act of 1917 governs. (Act of June 27, 1921, sec. 2, Illinois Session Laws, 1921, page 503, Cahill’s St. ch. 77, ¶ 16, note.) Ryan v. Allen, 312 Ill. 250.

The decree is affirmed in all respects except that portion thereof which directs a sale under the Act of June 27, 1921. That portion of the decree is reversed with directions to the chancellor to enter a proper decree under the provisions of the Act of June 11, 1917.

This matter was not called to our attention by counsel for either party, and the costs in this court will be taxed against appellants.

Decree affirmed in part and in part reversed and cause remanded with directions.

I


author: Mr. Presiding Justice Gridley

text:
    First District.
    Howard Cookson Lang and Laura E. Lang, appellees, v. William F. Pelham Company, appellant.
    Gen. No. 37,152.
    Opinion filed October 16, 1934.
    Hershenson & Hershenson, for appellant; A1 Sehapiro and Bernard Sehiff, of counsel. Gold & Liebman, for appellees; Charles Liebman, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Rudy Wiedoeft, defendant in error, v. Frank Holton and Company, plaintiff in error.
    Gen. No. 37,185.
    Opinion filed October 16, 1934.
    Frederick Hull and Poppenhusen, Johnston, Thompson & Cole, for plaintiff in error; Frederick Hull, Edward R. Johnston and Albert K. Orschel, of counsel. Benjamin H. Ehrlich and Thomas M. Morris, for defendant in error; Aaron H. Cohn and John J. Heffernan, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Virginia M. Kerr, administratrix of the estate of Joseph R. Kerr, deceased, plaintiff in error, v. Frank J. McKee and National Shippers and Movers, Inc., defendants in error.
    Gen. No. 37,206.
    Opinion filed October 16, 1934.
    William R. Peacock, for plaintiff in error. Sitron & Schwartz, for defendants in error; Benjamin Robert Cohen, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Fred L. Fuhr, appellant, v. Richard A. Knowles et al., defendants. Richard A. Knowles et al., appellees.
    Gen. No. 37,245.
    Opinion filed October 16, 1934.
    Rehearing denied October 29, 1934.
    Castle, Williams, Long & McCarthy, for appellant; Emmett J. McCarthy and Robert R. Hanley, of counsel. John Francis Mahan, for appellees.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Augusta Anderson, appellee, v. Reliance Elevator Company and Victor R. Anderson, defendants. Reliance Elevator Company, appellant.
    Gen. No. 37,310.
    Opinion filed October 16, 1934.
    Rehearing denied and opinion slightly modified October 29, 1934.
    John A. Bloomingston, for appellant. John E. Owens, for appellee; Thomas L. Owens and Clyde C. Fisher, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Samuel Goodman, complainant, v. Sol K. Graff et al., defendants. Bessie Solomon, executrix of the estate of Joseph Solomon, deceased, appellant, v. Samuel Goodman et al., appellees.
    Gen. No. 37,332.
    Opinion filed October 16, 1934.
    Louis I. Shapiro, for appellant. Sonnensehein, Berkson, Lautmann, Levinson & Morse, for certain appellee; Henry L. Kohn, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Victor A. Dorsey and Company and Victor A. Dorsey for use of Eli H. Brown, Jr., appellees, v. Central Republic Trust Company, appellant.
    Gen. No. 37,342.
    Opinion filed October 16, 1934.
    Arthur J. Hughes, for appellant; R. A. Bullinger and Joseph A. Greaves, of counsel. Nat M. Kahn and Townley, Wild, Campbell & Clark, for certain appellees; Nat M. Kahn, Glenn G. Paxton and Richard C. Bleloch, of counsel.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


author: Mr. Justice Scanlan

text:
    George C. Schmitz, appellee, v. Walgreen Company, appellant.
    Gen. No. 37,018.
    Opinion filed October 16, 1934.
    Markheim So Allie, for appellant; • Harry Markheim and A. R. Miller, of counsel. Packard, Barnes, McCaughey & Schumacher, for appellee; George Packard and Russell J. McCaughey, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. John S. Rusch, defendant in error, v. Alex Rivlin et al., respondents. Lina Singer, plaintiff in error.
    Gen. No. 37,271.
    Opinion filed October 16, 1934.
    Rehearing denied October 29, 1934.
    Simon Herr and Martin 0. Weisbrod, for plaintiff in error; Michael A. Romano, of counsel. Thomas J. Courtney, State’s Attorney, for defendant in error; John F. Cashen, Jr., of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. John S. Rusch, defendant in error, v. James Pacente, Jr. et al., respondents. James Pacente, Jr., plaintiff in error.
    Gen. No. 37,294.
    Opinion filed October 16, 1934.
    Barrett, Barrett, Costello So Barrett, for plaintiff in error; Edward L. Hoyer, of counsel. Thomas J. Courtney, State’s Attorney, for defendant in error; John F. Cashen, Jr., of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


text:
    Willie Bell, appellee, v. City of Chicago, appellant.
    Gen. No. 37,483.
    Opinion filed October 16, 1934.
    William H. Sexton, Corporation Counsel, and Alexander M. Smietanka, City Attorney, for appellant; Quin O’Brien and James Dana-her, Assistant Corporation Counsel, and Lionel J. Berc, Assistant City Attorney, of counsel. Augustine J. Bowe and William J. Bowe, for appellee; John D. Casey, of counsel.
   Mr. Justice Scanlan

delivered the opinion of the court.


author: Mr. Justice Sullivan

text:
    Joseph Lowenstein, plaintiff in error, v. Schiff Trust and Savings Bank, defendant in error.
    Gen. No. 37,313.
    Opinion filed October 16, 1934.
    Nat M. Kahn, for plaintiff in error. Kirkland, Fleming, Green &. Martin, for defendant in error; Vernon M. Welsh and David Fisher, of counsel.
   Mr. Justice Sullivan

delivered the opinion of the court.


text:
    Marie Ann Jellema, appellant, v. Alfred Roy Hulbert, appellee.
    Gen. No. 37,394.
    Opinion filed October 16, 1934.
    Oscar E. Carlstrom and Paul T. Klenk, for appellant; Franklin W. Klein and Frederick W. Turner, Jr., of counsel. M. V. Minaban, for appellee.
   Mr. Justice Sullivan

delivered the opinion of the court.


text:
    Laura M. Johnson, appellee, v. Central Republic Trust Company, appellant.
    Gen. No. 37,404.
    Opinion filed October 16, 1934.
    Fisher, Boyden, Bell, Boyd & Marshall, for appellant; William G. Blood and Clark H. Countryman, of counsel. Payton J. Tuohy, for appellee.
   Mr. Justice Sullivan

delivered the opinion of the court.


author: Mr. Presiding Justice Hebei

text:
    The People of the State of Illinois ex rel. Oscar Nelson, Auditor of Public Accounts, v. First Italian State Bank. Matteo Pennisi and Angela Pennisi, appellants, v. First Italian State Bank and Chester A. Willoughby, appellees.
    Gen. No. 36,884.
    Wilson, J., dissenting.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    MeClanahan & MeClanahan and Estelle M. Wells, for appellants. George A. 'Curran, for certain appellee; Walter Wm. Pearson, of counsel.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    Mandel Cohen, administrator of the estate of Liebie Cohen, deceased, defendant in error, v. Samuel H. Shaykin, plaintiff in error.
    Gen. No. 36,993.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    John A. Bloomingston, for plaintiff in error. Harry S. Co wen and Charles C. Spencer, for defendant in error.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    Frank Joseph Mason, administrator of the Estate of Katherine Mason, deceased, appellee, v. Isaac Goldman, appellant.
    Gen. No. 37,012.
    Opinion filed October 24, 1934.
    Rider & Thuma, for appellant; Chester D. Kern, of counsel. Blake, Burns & Campbell, for appellee; Harris J. Blake, Jr., of counsel.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    Thomas Hirsch, appellee, v. Guy A. Richardson, as receiver of Chicago Railways Company, et al., appellants.
    Gen. No. 37,025.
    Opinion filed October 24, 1934.
    Arthur J. Donovan, for appellants; John R. Guilliams, Frank L. Kriete and John E. Kehoe, of counsel. Hector A. Brouillet, for appellee; Walter H. Shurtleff, of counsel.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    James J. Barbour, appellant, v. Lammert and Mann Company, appellee.
    Gen. No. 37,090.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    James J. Barbour, pro se. Rothbart & Lewis, for appellee; Seymour M. Lewis, of counsel.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    Dan Donagher, plaintiff in error, v. Mary Esther Curley, defendant in error.
    Gen. No. 37,186.

      Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    Edward J. Green, for plaintiff in error; Harry P. Brewer, of counsel. Crowe, Gorman & Savage, for defendant in error.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    Pioneer Trust and Savings Bank, defendant in error, v. H. H. Herbst, trading as H. H. Herbst and Company, plaintiff in error.
    Gen. No. 37,207.
    Opinion filed October 24, 1934.
    William C. Napier, for plaintiff in error; Sidney Schneider, of counsel. Henry H. ICoven, for defendant in error; Henry W. Kenoe, of counsel.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    J. M. Dixon, appellant, v. General Register Corporation, appellee.
    Gen. No. 37,230.
    Opinion filed October 24, 1934.
    Danaher & .Harriott, for appellant. Joseph R. Harmon and Kenneth L. Karr, for appellee.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


text:
    Chester J. Zellers, defendant in error, v. Alice Zellers, plaintiff in error.
    Gen. No. 37,315.
    Opinion filed October 24, 1934.
    Esther Melniek, for plaintiff in error; Abraham Téitelbaum, of counsel. Paul A. Hrundman, for defendant in error; Warren Parson, of counsel.
   Mr. Presiding Justice Hebei

delivered the opinion of the court.


author: Mr. Justice Hall

text:
    First Union Trust and Savings Bank, appellee, v. Bernard A. Stol et al., defendants, on appeal of Architectural Decorating Company, appellant.
    Gen. No. 37,004.

      Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    Alfred Lubin, for appellant. Tatge & Tatge, for appellee; Robert F, Kolb, of counsel.
   Mr. Justice Hall

delivered the opinion of the court.


text:
    D. B. Bentley, appellee, v. L. J. Lippert, appellant.
    Gen. No. 37,016.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    George C. Bliss, for appellant. John A. Bloomingston, for appellee.
   Mr. Justice Hall

delivered the opinion of the court.


text:
    State Bank of West Pullman, defendant in error, v. John J. Piech, plaintiff in error.
    Gen. No. 37,019.
    Opinion filed October 24, 1934.
    Novak, Turek & Vogel, for plaintiff in error. Mayer, Meyer, Austrian & Platt, for defendant in error.
   Mr. Justice Hall

delivered the opinion of the court.


text:
    Hunter Packing Company, appellee, v. North Western Packing Company, appellant.
    Gen. No. 37,028.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    Cohen, Tomas & Cohen, for appellant; George B. Cohen, of counsel. C. Lysle Smith, and Sanders, Childs, Bobb & Wescott, for appellee; William L. Bourland, of counsel.
   Mr. Justice Hall

delivered the opinion of the court.


text:
    Edward Menkin, appellee, v. Muriel Connelly and Herman F. Winkelman, defendants, on appeal of Herman F. Winkelman, appellant.
    Gen. No. 37,069.
    Opinion filed October 24, 1934.
    David Lipman, for appellant. R. B. Salmon, for appellee. Edward Menkin, pro se.

   Mr. Justice Hall

delivered the opinion of the court.


text:
    Edward Menkin, appellee, v. Muriel Connelly and Herman F. Winkelman, defendants, on appeal of Herman F. Winkelman, appellant.
    Gen. Nos. 37,070, 37,071.
    Opinion filed October 24, 1934.
    David Lipman, for appellant. R. B. Salmon, for appellee. Edward Menkin, pro se.

   Mr. Justice Hall

delivered the opinion of the court.


text:
    New England Mutual Life Insurance Company, appellee, v. John W. Keogh et al., appellants.
    Gen. No. 37,084.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    John W. Keogh, pro se. Judah, Reichmann, Trumbull & Cox, for appellee.
   Mr. Justice Hall

delivered the opinion of the court.


text:
    J. William Feldmann, appellee, v. Yetta Silver Andalman et al., appellants.
    Gen. No. 37,117.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    Philip A. Lozowiek, for appellants. Lewis J. Victor, for appellee.
   Mr. Justice Hall

delivered the opinion of the court.,


author: Mr. Justice Wilson

text:
    The People of the State of Illinois ex rel. John S. Rusch, defendant in error, v. Abraham Benjamin et al., plaintiffs in error.
    Gen. No. 37,273.
    Opinion filed October 24, 1934.
    Rehearing denied and opinion modified November 15, 1934.
    Simon Herr, for plaintiffs in error. Thomas J. Courtney, State’s Attorney, for defendant in error; John F. Cashen, Jr., of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Thomas Blake, plaintiff in error, v. The Alton Railroad Company, defendant in error.
    Gen. No. 37,299.
    Opinion filed October 24, 1934.

      Irving G. Zazove and S. E. Quindry, for plaintiff in error. Winston, Strawn & Shaw, for defendant in error; Silas H. Strawn, Chas. J. Calderini and Thomas A. Reynolds, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Laura H. Avant, administratrix of the estate of Earl Avant, deceased, plaintiff in error, v. Macon F. Sanders and Mary Sanders, defendants in error.
    Gen. No. 37,311.
    Opinion filed October 24, 1934.
    Edward H. Morris, for plaintiff in error. Albert B. George, for defendants in error.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    June O’Connor, a minor, by Mary O’Connor, her mother and next friend, defendant in error, v. City of Chicago et al., defendants. City of Chicago, plaintiff in error.
    Gen. No. 37,321.
    Opinion filed October 24, 1934.
    William H. Sexton, Corporation Counsel, and A. M. Smietanka, City Attorney, for plaintiff in error; Quin O’Brien and James J. Donaher, Assistant Corporation Counsel, and Frank H. Novak, Assistant City Attorney, of counsel. Theodore Sharf, for defendant in error.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Katarzyna Dumara and D. J. Seeley, joint administrators of the estate of Stanley Dumara, deceased, appellees, v. The Western and Southern Life Insurance Company, appellant.
    Gen. No. 37,349.
    Opinion filed October 24, 1934.
    Hoyne, 0 ’Connor & Rubinkam, for appellant. Donald J. Seeley, for appellees; Maxfield Weisbrod, of counsel.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Harry H. Pace, appellant, v. Euler Davis, etc., et al., appellees.
    Gen. No. 37,395.
    Opinion filed October 24, 1934.
    William H. Haynes, for appellant. No appearance for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Steven C. Spencer, appellant, v. Travelers Insurance Company and Andrea Martinez de Ybarra, appellees.
    Gen. No. 37,472.
    Opinion filed October 24, 1934.
    Rehearing denied November 15, 1934.
    D. P. Buzane, N. Berkos, G. Reilly and S. C. Spencer, for appellant; S. C. Spencer, of counsel. Hubbard, Baker & Rice, for appellees.
   Mr. Justice Wilson

delivered the opinion of the court.


author: Mr. Presiding Justice O’Connor

text:
    Underground Construction Company, appellant, v. The Sanitary District of Chicago, appellee.
    Gen. No. 37,461.
    Opinion filed November 5, 1934.
    Rehearing denied November 19, 1934.
    John L. Melnerney and Luella M. Either, for appellant. William Rothmann, La.wrenee J. Fenlon and Thomas F. Donovan, for appellee.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Marie E. Crowe, administratrix of the estate of Timothy Crowe, deceased, appellee, v. Catherine McDonnell, executrix of the last will and testament of Edward McDonnell, deceased, appellant.
    Gen. No. 37,479.
    Opinion filed November 5, 1934.
    Charles H. Chapman, for appellant; Milton S. Applebaum, of counsel. Kabaker & Kabaker, for appellee; Julius L. Kabaker, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Ray Zyk et al., Rocco Martino and Mike Martino, plaintiffs in error.
    Gen. Nos. 37,520, 37,521.
    Opinion filed November 5, 1934.
    Samuel A. Aronfeld, for plaintiffs in error; Elwyn E. Long, of counsel. Thomas J. Courtney, State’s Attorney, for defendant in error; Edward E. Wilson, J. Albert Woll and Henry E. Seyfarth, Assistant State’s Attorneys, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Julius Reznik, plaintiff in error.
    Gen. No. 37,534.
    Opinion filed November 5, 1934.
    Cameron Latter and Maurice L. Davis, for plaintiff in error. Thomas J. Courtney, State’s Attorney, for defendant in error; Edward E. Wilson, J. Albert Woll and Henry E. Seyfarth, Assistant State’s Attorneys, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


author: Mr. Presiding Justice 0 ’Connor

text:
    Henry Loeding, appellant, v. East Brothers Coal Company, appellee.
    Gen. No. 37,559.
    Opinion filed November 5, 1934.
    Meyer Shapiiro, for appellant. Altlieimer, Mayer, Woods & Smith, for appellee; Roy C. Woods and Charles H. Blumenfeld, of counsel.
   Mr. Presiding Justice 0 ’Connor

delivered the opinion of the court.


author: Mr. Justice MeSurely

text:
    Lawrence Ahrens, defendant in error, v. City of Chicago, plaintiff in error.
    Gen. No. 37,322.
    Opinion filed November 5, 1934.
    William H. Sexton, Corporation Counsel, and Alexander M. Smietanka, City Attorney, for plaintiff in error; Quin O’Brien and James J. Danaher, Assistant Corporation Counsel, of counsel. Joseph D. Ryan and Louis P. Miller, for defendant in error.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    St. Theresa’s Society, Group No. 20, Free Polish Women in the Land of Washington, appellee, v. Franciszka Kasperski et al., appellants.
    Gen. No. 37,476.
    Opinion filed November 5, 1934.
    Rehearing denied November 19, 1934.
    Thaddeus C. Toudor, for appellants; Alee E. Weinrob and Joseph Barbera, of counsel. Thomas E. Kluczynski, for appellee.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    James A. Fitzsimmons, appellant, v. Peoria Cartage Company, Inc., appellee.
    Gen. No. 37,519.

      Opinion filed November 5, 1934.
    Frederick W. Snider, Joseph D. Ryan and Louis G. Davidson, for appellant. Shanner & Shanner, for appellee.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    Antonette Kowalczyk, appellee, v. The Western and Southern Life Insurance Company, appellant.
    Gen. No. 37,540.
    Opinion filed November 5, 1934.
    Hoyne, O’Connor & Rubinkam, for appellant. Hartman Schwartz and Ethel E. Schiller, for appellee.
   Mr. Justice MeSurely

delivered the opinion of the court.


text:
    Louis Fishman, appellee, v. William Meyering et al., appellants.
    Gen. No. 37,566.
    Opinion filed November 5, 1934.
    Rehearing denied November 19, 1934.
    Irving Breakstone, for appellants. McKenna, Harris & Schneider and Gallagher, Rosenberg & Richter, for appellee; James J. McKenna, of counsel.
   Mr. Justice MeSurely

delivered the opinion of the court.


author: Mr. Justice Mateliett

text:
    Allan Nelson Linn, appellee, v. A Century of Progress, Inc., appellant.
    Gen. No. 37,363.
    Opinion filed November 5, 1934.
    Rehearing denied November 19, 1934.
    Miller, Gorham, Wales & Adams, for appellant. Royal W. Irwin, for appellee; Ewart Harris, of counsel.
   Mr. Justice Mateliett

delivered the opinion of the court.


author: Mr. Justice Matehett

text:
    Violet Erby, appellee, v. Thomas M. Whitson, appellant.
    Gen. No. 37,473.
    O’Connor, P. J., dissenting.
    Opinion filed November 5, 1934.
    Rehearing denied November 19, 1934.
    Earl J. Walker, for appellant. Gurdon Williams, for appellee.
   Mr. Justice Matehett

delivered the opinion of the court.


author: Mr. Justice Matchett

text:
    Joseph B. Gilbert, appellant, v. Reywal Building Corporation and Lawyers Building Corporation, appellees.
    Gen. No. 37,501.
    Opinion filed November 5, 1934.
    Joseph B. Gilbert, pro se. Wind & Wind, for appellees.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Nellie Lohman, appellee, v. Reinhold Nelson, appellant.
    Gen. No. 37,514.
    O’Connor, F. J., dissenting.
    Opinion filed November 5, 1934.
    John A. Bloomingston, for appellant. Wright & Kamin, for appellee; Alfred Kamin, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Margaret Colton, appellee, v. Reinhold Nelson, appellant.
    Gen. No. 37,515.
    O’Connor, P. J., dissenting.
    Opinion filed November 5, 1934.
    John A. Bloomingston, for appellant. Wright & Kamin, for appellee; Alfred Kamin, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Jewell Newman, appellee, v. Reinhold Nelson, appellant.
    Gen. No. 37,516.
    O’Connor, P. J., dissenting.
    Opinion filed November 5, 1934.
    John A. Bloomingston, for appellant. Wright & Kamin, for appellee; Alfred Kamin, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Lottie Austern, appellee, v. Mandel Brothers, Inc., appellant.
    Gen. No. 37,528.
    Opinion filed November 5, 1934.
    Altheimer, Mayer, Woods & Smith, for appellant; A. B. Manion, of counsel. No appearance for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Antoni Grochowski, appellee, v. Polish National Alliance of the United States of North America, appellant.
    Gen. No. 37,548.
    Opinion filed November 5, 1934.
    Joseph X. Waynne, for appellant. John J. Rooney and William H. Kailes, for appellee.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Andrew Jesacher, defendant in error, v. Abraham B. Lewis et al., plaintiffs in error.
    Gen. No. 37,574.
    Opinion filed November 5, 1934.
    Tage Joranson, for plaintiffs in error. Arthur J. Hughes, for de- • fendant in error; Frank Michels, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    Central Republic Trust Company, appellee, v. Michigan-Chestnut Building Corporation et al., defendants. Edward E. Cohn et al., appellants.
    Gen. No. 37,673.
    Opinion filed November 5, 1934.
    Aaron Soble, William Vihon, Louis Wilson and Irving Goodman, for appellants. Poppenhusen, Johnston, Thompson & Cole, for appellee Central Republic Trust Co. Sonnenschein, Berkson, Lautmann, Levinson & Morse, for Chicago Title & Trust Co. Cassels, Potter & Bentley, for Michigan-Chestnut Bldg. Corp.; James W. Hyde, Frank W. McCulloch and Isaac E. Ferguson, of counsel.
   Mr. Justice Matchett

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Harry A. Johnson et al., plaintiffs in error.
    Gen. No. 37,193.
    Opinion filed November 19, 1934.
    Kirkland, Fleming, Green & Martin, for plaintiffs in error Harry A. Johnson et al. Dwight McKay, for plaintiff in error Eugene G. Quinn. Joseph Lustfield, for plaintiff in error Frank Wargoslce; Weymouth Kirkland, Howard Ellis, Jay Fred Reeve and J. B. Martineau, Jr., of counsel. Thomas J. Courtney, 'State’s Attorney, for defendant in error; Edward E. Wilson, J. Albert Woll and Henry E. Seyfarth, Assistant State’s Attorneys, of counsel.
   Mr. Justice MeSurely

delivered the opinion of the court. .


author: Mr. Justice McSurely

text:
    The People of the State of Illinois, defendant in error, v. Sally Rand, plaintiff in error.
    Gen. No. 37,635.
    Opinion filed November 19, 1934.
    Samuel Berke, for plaintiff in error; Mayer Goldberg, of counsel. Thomas J. Courtney, State’s Attorney, for defendant in error; Edward E. Wilson, Henry E. Seyfarth and John T. Gallagher, Assistant State’s Attorneys, of counsel.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Mary Owczarzak, as executrix of the estate of Paulina Ropacki, deceased, appellee, v. Walter Ropacki et al., appellants.
    Gen. No. 37,664.
    Opinion filed November 19, 1934.
    Joseph X. Waynne, for appellants. William T. Diekerman, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Frank Scardina, appellee, v. Litsinger Motor Company, appellant.
    Gen. No. 37,675.
    Opinion filed November 19, 1934.
    Litsinger, Healy, Reid & Bye, for appellant. No appearance for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Catherine Miller, appellee, v. Henry Levy, trading as Levy Exchange, appellant.
    Gen. No. 37,802.
    Opinion filed November 19, 1934.
    Edward H. Kubitz, for appellant. Gordan Quinn, for appellee.
   Mr. Justice McSurely

delivered the opinion of the court.


text:
    Central Republic Trust Company, appellee, v. Joe Satin et al., defendants, on appeal of Dora Satin et al., appellants.
    Gen. No. 37,671.

      Opinion filed November 20, 1934.
    Erwin E. Cowen and Max Satin, for appellants. Castle, Williams, Long & McCarthy, for appellee.
   Mr. Justice Wilson

delivered the opinion of the court.


text:
    Metropolitan Life Insurance Company, appellee, v. Sol Rubin et al., defendants, on appeal of Maurice R. Union, appellant.
    Gen. No. 37,924.
    Opinion filed November 27, 1934.
    Max M. Grossman and Samuel Grossman, for appellant. Hoyne, O’Connor & Rubinkam, for appellee; William C. MacLean, of counsel.
   Mr. Presiding Justice O’Connor

delivered the opinion of the court.


text:
    Alex Levin, defendant in error, v. Morris Lewis, plaintiff in error.
    Gen. No. 37,172.
    Opinion filed November 27, 1934.
    Abrams, Sherman & Lewis, for plaintiff in error; Clyde C. Fisher and Louis A. Sherman, of counsel. No appearance for defendant in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Edward C. Kesler, defendant in error, v. Frank E. Dingle, plaintiff in error.
    Gen. No. 37,222.
    Opinion filed November 27, 1934.
    Rehearing denied December 10, 1934.
    Frank E. Dingle, pro se. A. C. Lewis, for defendant in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Leander LaChance, defendant in error, v. Charles Dickinson, plaintiff in error.
    Gen. No. 37,285.
    Opinion filed November 27, 1934.
    Fred W. Story, for plaintiff in error. Wm. H. Haight and Nat T. Burfeind, for defendant in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


text:
    Aaron J. Goldman and J. R. Rosefield, defendants in error, v. A. M. Friede and S. Kirschenbaum, plaintiffs in error.
    Gen. No. 37,304.
    Opinion filed November 27, 1934.
    Harry D. Koenig and Samuel W. Banovitz, for plaintiffs in error; Clyde C. Fisher, of counsel. No appearance for defendants in error.
   Mr. Presiding Justice Gridley

delivered the opinion of the court.


author: Mr. Justice Seanlaii

text:
    Armanda Kammerer et al., appellees, v. Metropolitan Life Insurance Company, appellant.
    Gen. No. 37,339.
    Opinion filed November 27, 1934.
    Rehearing denied December 10, 1934.
    Hoyne, O’Connor & Rubinkam, for appellant. Smith & Haddad, for appellees; George J. Haddad, of counsel.
   Mr. Justice Seanlaii

delivered the opinion of the court.


author: Mr. Justice Seanlan

text:
    One La Salle Street Building Corporation, appellee, v. The Florsheim Shoe Company, appellant.
    Gen. No. 37,350.
    Opinion filed November 27, 1934.
    Poppenhusen, Johnston, Thompson & Cole, for appellant; Edward R. Johnston and Henry G. O’Donnell, of counsel. Markheim & Allie, for appellee; A. R. Miller, of counsel.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Mary Susanna Miller, appellant, v. John W. Sutherland, appellee.
    Gen. No. 37,388.
    Opinion filed November 27, 1934.
    Rehearing denied December 10, 1934.
    Hugh O’Neill and Hugh O’Neill, Jr., for appellant. Arthur H. Jones, for appellee.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Alice Louise Kinney, appellee, v. City of Chicago et al., defendants. City of Chicago, appellant.
    Gen. No. 37,398.

      Opinion filed November 27, 1934.
    William H. Sexton, Corporation Counsel, and Alexander M. Srnietanka, City Attorney, for appellant; Robert E. Dowling, Assistant City Attorney, of counsel. Charles C. Spencer and F. W. Jaros, for appellee.
   Mr. Justice Seanlan

delivered the opinion of the court.


text:
    Samuel P. Johnston, defendant in error, v. Robert H. Anthony, plaintiff in error.
    Gen. No. 36,942.
    Opinion filed November 27, 1934.
    Rehearing denied December 10, 1934.
    Joseph E. Winterbotham, for plaintiff in error. 0. J. 0. Wray, for defendant in error; James V. Sallemi and Altheimer, Mayer, Woods & Smith, of counsel.
   Mr. Justice Sullivan

delivered the opinion of the court.


text:
    Abe Ellis and Harold Ellis, trading as Hamlin Parkway Garage, for use of Henry Perlman, appellant, v. Liberty Trust and Savings Bank, appellee.
    Gen. No. 37,138.
    Opinion filed November 27, 1934.
    Henry Perlman, pro se. Wilhartz, Hirseh & Sehanfarber, for appellee; Julian H. Levi, of counsel.
   Mr. Justice Sullivan

delivered the opinion of the court.


text:
    Frank Lester, defendant in error, v. Michael Levin and Robert Mors, sued as John Doe, plaintiffs in error.
    Gen. No. 37,254.
    Opinion filed November 27, 1934.
    William R. Peacock, for plaintiffs in error. No appearance for defendant in error.
   Mr. Justice Sullivan

delivered the opinion of the court.


text:
    White Eagle Building and Loan Association, defendant in error, v. Estelle Kwiatkowski et al., plaintiffs in error.
    Gen. No. 37,292.
    Opinion filed November 27, 1934.
    Rehearing denied December 10, 1934.

      T. J. Szmergalski and Heile, Cavender, Milehrist & Kaiser, for plaintiffs in error. Charles J. Grablowski and Joseph C. Kanak, for defendant in error; Millard R. Powers, of counsel.
   Mr. Justice Sullivan

delivered the opinion of the court.


text:
    In re Estate of Lewellyn Snyder, deceased, on appeal of Cora Ward Gregory et al., appellants, v. Helen Norris, administratrix de bonis non of the estate of Lewellyn Snyder, deceased, and Grace Snyder, appellees.
    Gen. No. 37,370.
    Opinion filed November 27, 1934.
    W. C. Smith, for appellants. Lee Cohn and Alice Greenacre, for appellees.
   Mr. Justice Sullivan

delivered the opinion of the court.


text:
    Roosevelt Coal Company et al., v. Edward Hadesman et al. Brentwood Hotel, Inc., appellee, v. Edward Hadesman et al., appellants, on appeal of Stella G. Hadesman and Edward I. Hadesman, appellants.
    Gen. No. 37,793.
    Opinion filed November 27, 1934.
    Nathan Shefner and Aaron Soble, for appellants. George C. Rabens, for appellee.
   Mr. Justice Sullivan

delivered the opinion of the court.


author: Mr. Justice Huffman

text:
    Second District.
    Sybilla Florschuetz, appellee, v. City of Mendota, appellant.
    Gen. No. 8,811.
    Opinion filed November 15, 1934.
    Rehearing denied February 5, 1935.
    R. C. Madden and Butters & Butters, for appellant. H. L. Rieholson, for appellee.
   Mr. Justice Huffman

delivered the opinion of the court.


text:
    Florence Black, appellee, v. Warren H. Gleasman, appellant.
    Gen. No. 8,816.

      Opinion filed November 15, 1934.
    David D. Madden and Loretta Laden, for appellant. Miller & Thomas, for appellee; Chas. A. Thomas, of counsel.
   Mr. Justice Huffman

delivered the opinion of the court.


text:
    Perry Hawkins, appellee, v. Edward Baker, appellant.
    Gen. No. 8,832.
    Opinion filed November 15, 1934.
    C. B. Chapman, for appellant. Butters & Butters, for appellee.
   Mr. Justice Huffman

delivered the opinion of the court.


text:
    David M. Dubin, appellant, v. John Fellows, appellee.
    Gen. No. 8,845.
    Opinion filed November 15, 1934.
    Axelrod & Kaiser, for appellant; Solomon Axelrod, of .counsel. Clyde Smith, for appellee.
   Mr. Justice Huffman

delivered the opinion of the court.


text:
    Frank Engelhaupt, appellant, v. John R. Cox, Sr., and Laura Cox, appellees.
    Gen. No. 8,861.
    Opinion filed November 15, 1934.
    Barnes & Magoon, for appellant. C. B. Chapman, for appellees.
   Mr. Justice Huffman

delivered the opinion of the court.


text:
    The First Sterling National Bank of Sterling, by Fred Salm, receiver, appellant, v. Gerhard Behrens et al., appellees.
    Gen. No. 8,864.
    Opinion filed November 15, 1934.
    Rehearing denied February 5, 1935.
    John M. Stager, for appellant. Chas. H. Woodburn and H. J. Folkers, for appellees.
   Mr. Justice Huffman

delivered the opinion of the court.


author: Mr. Presiding Justice Wolfe

text:
    Harry A. Frankel, appellee, v. Fred Albrecht et al., defendants, on appeal of George Moehlenhoff, appellant.
    Gen. No. 8,814.
    Opinion filed November 30, 1934.
    Scholes, O’Connor & Dougherty, for appellant; E. T. O’Connor, of counsel. Ira J. Covey, Edwin L. Covey and Wayne H. Mathis, for appellee.
   Mr. Presiding Justice Wolfe

delivered the opinion of the court.


text:
    Fred J. Trudeau, appellee, v. Central Mutual Insurance Company, appellant.
    Gen. No. 8,820.
    Opinion filed November 30, 1934.
    Gower, Gray & Gower, for appellant. Vernon G. Butz, for appellee.
   Mr. Presiding Justice Wolfe

delivered the opinion of the court.


text:
    James T. Rogers, appellee, v. Blanche L. Leitch, appellant.
    Gen. No. 8,834.
    Opinion filed November 30, 1934.
    George W. Hunt, for appellant. F. B. Brian, for appellee.
   Mr. Presiding Justice Wolfe

delivered the opinion of the court.


author: Mr. Justice Dove

text:
    Phenie Search Vogel, appellee, v. Peoria Cartage Company and Peoria Creamery Company, defendants. Peoria Creamery Company, appellant.
    Gen. No. 8,712.
    Opinion filed December 22, 1934.
    Eagleton & Eagleton, for appellant; George W. Hunt, of counsel. Jesse Black, Jr., and Clarence W. Heyl, for appellee.
   Mr. Justice Dove

delivered the opinion of the court.


text:
    Beulah R. H. Rhoden, appellee, v. Peoria Creamery Company and Peoria Cartage Company, defendants. Peoria Cartage Company, appellant.
    Gen. No. 8,754.
    Opinion filed December 22, 1934.
    Miller, Elliott & Westervelt, for appellant; J. M. Elliott, of counsel. Jesse Black, Jr., and Clarence W. Heyl, for appellee.
   Mr. Justice Dove

delivered the opinion of the court.


text:
    Alex Nicholson et al., appellants, v. Hugh R. McGuire et al., appellees.
    Gen. No. 8,810.
    Opinion filed December 22, 1934.
    John H. Savage and James G. Holbrook, for appellants. No appearance for appellees.
   Mr. Justice Dove

delivered the opinion of the court.


text:
    Harry L. Morse, appellee, v. Peoria Star Company, appellant.
    Gen. No. 8,822.
    Opinion filed December 22, 1934.
    Rehearing denied February 5, 1935.
    Eagleton & Eagleton and H. D. Morgan, for appellant. Willard B. Gaskins, for appellee.
   Mr. Justice Dove

delivered the opinion of the court.


text:
    Trustees of Schools of Township 33, etc., appellee, v. E. E. Childers et al., appellants.
    Gen. No. 8,837.
    Opinion filed December 22, 1934.
    Butters & Butters, T. B. White and C. B. Chapman, for appellants. Elmer J. Mohan, State’s Attorney, for appellee; Hibbs & Pool, of counsel.
   Mr. Justice Dove

delivered the opinion of the court.


author: Mr. Justice Allaben

text:
    Third District.
    Clifford Henry, appellant, v. Frank Morris, appellee.
    Gen. No. 8,817.
    Opinion filed October 10, 1934.
    Harvey Gross, for appellant. O’Hair & McClain, for appellee.
   Mr. Justice Allaben

delivered the opinion of the court.


text:
    Rock Island Plow Company, appellee, v. E. C. Smith and Louise B. Smith, appellants.
    Gen. No. 8,832.

      Opinion filed October 10, 1934.
    Rehearing denied January 2, 1935.
    Gunn, Penwell & Lindley, for appellants. Charles Troup, for appellee.
   Mr. Justice Allaben

delivered the opinion of the court.


author: Mr. Justice Fulton

text:
    Illinois National Casualty Company, appellant, v. Fred. Ollech et al., appellees.
    Gen. No. 8,774.
    Opinion filed October 10, 1934.
    Roger E. Chapin, for appellant. John G. Friedmeyer and Herman H. Cohn, for appellees.
   Mr. Justice Fulton

delivered the opinion of the court.


text:
    James Robert Cotton, by Alva Cotton, his next friend, appellee, v. Esther Balsley, appellant.
    Gen. No. 8,794.
    Opinion filed October 10, 1934.
    Meeks & Lowenstein and Rearick & Reariek, for appellant. J. R. Dean, for appellee.
   Mr. Justice Fulton

delivered the opinion of the court.


text:
    Leonard Johnson, appellee, v. Estate of Harry Ray, deceased, appellant.
    Gen. No. 8,814.
    Opinion filed October 10, 1934.
    Dyer & Dyer, for appellant. Miles S. Odie, for appellee.
   Mr. Justice Fulton

delivered the opinion of the court.