author: Mr, Presiding Justice Thomson

text:
    Edith Isaacson, appellee, v. City of Chicago, appellant.
    Gen. No. 30,083.
    Action for injury by fall through trapdoor in sidewalk. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Harry M. Eisher, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Francis X. Busch, Corporation Counsel, and John J. Kelly, City Attorney, for appellant; Earl B. Dickerson and Gilbert W. Morgan, Assistant City Attorneys, of counsel.
    No appearance for appellee.
   Mr, Presiding Justice Thomson

delivered the opinion of the court.


source: Caselaw Access Project

author: Mr. Presiding Justice Thomson

license: Public Domain

text:
    Elmer Brown, appellee, v. Milton H. Callner, trading as Realty Building & Construction Company, appellant.
    Gen. No. 30,108.
    Action for labor and material furnished. 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, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Edward A. Biggs, for appellant.
    James V. Cunningham, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    H. E. McCormick, appellee, v. S. Simpson, appellant.
    Gen. No. 30,117.
    Action of forcible entry and detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Rehearing denied January 30, 1926.
    Jay J. McCarthy, for appellant.
    Albert E. Beath, for appellee; Bernard J. Jurón, of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Leopold Sachs, appellee, v. William E. Dever et al., appellants.
    Gen. No. 30,126.
    Petition for mandamus to compel issuance of license. Writ granted. Appeal from the Superior Court of Cook county; the Hon. Emanuel Eller, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Reversed.
    O’Connor, J., dissents.
    Opinion filed January 20, 1926.
    Francis X. Busch, Corporation Counsel, for appellants; Albert H. Veeder and Joseph J. Thompson, Assistant Corporation Counsel, of counsel.
    James M. Burke, for appellee; Snyder & Cohn, of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Woodlawn Motor Car Sales & Service Company, appellant, v. Dennis J. Egan et al., appellees.
    Gen. No. 30,139.
    Replevin to recover mortgaged property from bailiff and judgment creditor. Judgment for plaintiff. 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, 1925.
    Affirmed.
    Taylor, J., dissents.
    Opinion filed January 20, 1926.
    Gray & Nuttall, for appellant.
    Richard S. Folsom and Frank C. Levitón, for appellees.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Edward E. Collins, appellee, v. R. P. Fournier and Minnesota Mutual Life Insurance Company, garnishee. Minnesota Mutual Life Insurance Company, garnishee, appellant.
    Gen. No. 30,157.
    Attachment. Judgment on scire facias against garnishee. 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, 1925.
    Reversed.
    Opinion filed January 20, 1926.
    Burt A. Crowe, for appellant.
    Clarence A. Samuel, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Charles G. Costello, by Mark Costello, appellee, v. Three Products Company, appellant.
    Gen. No. 30,169.
    Personal injury through negligent driving of truck by defendant’s employee. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Hugo Pam, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Lannen & Hickey, for appellant.
    James C. MeShane, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Rafel Ivananskas, appellee, v. Frank Paieda, appellant.
    Gen. No. 30,191.
    Action for balance due on purchase price of automobile. 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, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Harold O. Mulks, for appellant.
    Anthony A. Olis, for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Jacob Bloomenthal et al., appellees v. F. W. Woolworth Company, appellant.
    Gen. No. 30,200.
    Action by landlord to recover cost of repairs made to leased premises. Judgment for plaintiffs. 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, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Rehearing denied January 30, 1926.
    Ednyfed H. Williams, Rufus F. Robinson and John Foster, for appellant.
    A. S. and E. W. Froehlieh, for appellees.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    James C. Davis, director general -of railroads, appellee, v. The Tamms Silica Company, appellant.
    Gen. No. 30,209.
    Action for freight charges. Judgment for plaintiff. 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 March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Loucks, Eckert & Peterson, for appellant.
    Follansbee, Shorey & Schupp, for appellee; John E. Gavin and Louis- W. Becker, Jr., of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Max Astrahan, appellee, v. Dave Spitz, appellant.
    Gen. No. 30,218.
    Action for damage to suit of clothes by cleaner for hire. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Frank T. Sullivan, Judge, presiding. Heard in the third division of this court for the. first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    William Levine, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


author: Mr. Justice O’Connor

text:
    Charles J. Forsberg, appellant, v. Board of Education of the City of Chicago, appellee.
    Gen. No. 30,166.
    Action for balance of salary under contract of employment. Judgment for defendant. Appeal from the Superior Court of Cook county; the Hon. William N. Gemmill, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Bassler, Bippus, Rose & Reeve, for appellant.
    Frank S. Riglieimer, for appellee; Ralph W. Condee and Frank F. Trunk, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Kenneth Sheldon, by his next friend, appellee, v. Joseph G. Sereikas, appellant.
    Gen. No. 30,172.
    Action for personal injury by automobile. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Lannen & Hickey, for appellant.
    Thomas H. Murray, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Alcock Plumbing Company, appellee, v. Claudia E. Hunter, sued as Mrs. R. C. Hunter, appellant.
    Gen. No. 30,188.
    Action for labor and material furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Daniel P. Trude, Judge, presiding. Heard in the third division of this court for the' first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Ellis & Westbrooks and Harris B. Gaines, for appellant; Harris B. Gaines, Sr., of counsel.
    Cline C. Brosius, for appellee; Glenn G. Paxton, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    William Handel, appellee, v. Herman S. Waldman and Louis Gold, on appeal of Louis Gold, appellant.
    Gen. No. 30,197.
    Action upon note. Judgment by confession. Appeal from denial of motion to vacate. Appeal from' 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, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Maxwell Landis, for appellant.
    Rosenberg & Zimmerman, for appellee; Irving Zimmerman, of counsel.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Joel Lewis and John I. Sheahan, trading as Lewis-Sheahan & Company, appellants, v. Pauline Kruk, appellee.
    Gen. No. 30,206.
    Action for broker’s commissions. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. D. H. Wamsley, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Mack, Lowes & Leopold, for appellants.
    No appearance for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    The Perfex Manufacturing Company, appellee, v. A. Daigger & Company, appellant.
    Gen. No. 30,215.
    Assumpsit for merchandise sold and delivered. Judgment for plaintiff. Appeal from 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, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Gottlieb, Schwartz & Markheim, for appellant; Ulysses S. Schwartz and Claude A. Roth, of counsel.
    David Jetzinger, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


text:
    Joseph Brashke, appellee, v. Chicago City Railway Company et al., appellants.
    Gen. No. 30,224.
    Action for personal injury by negligence in operation of street car. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Kickham Seanlan, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Thomas J. Symmes and Watson J. Ferry, for appellants; John R. Guilliams and Frank L. Kriete, of counsel.
    Ernest C. Reniff and Hugh A. Caperton, for appellee.
   Mr. Justice O’Connor

delivered the opinion of the court.


author: Mr. Justice Taylor

text:
    The Fairbanks Company, appellant, v. United States Fidelity and Guaranty Company, appellee.
    Gen. No. 30,102.
    Bill for rescission and cancellation, discovery and an accounting. Bill dismissed for want of equity. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Rehearing denied January 30, 1926.
    Nat M. Kahn, for appellant.
    Eugene P. Kealy, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Ralph H. Beesley, trading as Ralph H. Beesley & Company, appellant, v. Roy C. Bunch, appellee.
    Gen. No. 30,151.
    Action upon promissory note. Judgment for defendant. Appeal from 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, 1925.
    Reversed and judgment here.
    Opinion filed January 20, 1926.
    Moran, Paltzer & O’Donnell, for appellant.
    Edward J. Queeny, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Aaron Eglitsky, appellee, v. Rubin Ballis, appellant.
    Gen. No. 30,194.
    Action for trespass or et armis. Judgment for plaintiff. 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, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Max M. Grossman and Samuel Grossman, for appellant.
    Day & Beilman, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Jan Kuszewski, appellee, v. Peter Novak, appellant.
    Gen. No. 30,203.
    Action upon judgment note given to secure performance of contract for exchange of realty. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Bedinger, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Reversed.
    Opinion filed January 20, 1926.
    Benjamin E. Richolson and C. H. Kordowski, for appellant.
    No appearance for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Arsula Navikas, appellee, v. William Navikas, appellant.
    Gen. No. 30,212.
    Bill for divorce. Decree granted. Appeal from the Circuit Court of Cook county; the Hon. Eraneis S. Wilson, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed January 20, 1926.
    Jay J. McCarthy, for appellant.
    Varían B. Adams, for appellee; John J. Sonsteby, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Helen N. Couffer, appellee, v. George Eddy Newcomb, appellant.
    Gen. Nos. 30,234 and 30,235.
    Appeal from the County Court of Cook county; the Hon. J. G. Van Keuren, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed on authority of 239 111. App. 256.
    Opinion filed January 20, 1926.
    Gustav E. Beerly, for appellant; Ellis S. Chesbrough, of counsel.
    John R. Nicholson, for appellee; John T. Chadwell, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Bessie J. Newcomb, appellee, v. George Eddy Newcomb, appellant.
    Gen. No. 30,236.
    Appeal from the County Court of Cook county; the Hon. J. G. Van Keuren, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1925.
    Affirmed on authority of 239 HI. App. 256.
    Opinion filed January 20, 1926.
    Gustav E. Beerly, for appellant; Ellis S. Chesbrough, of counsel.
    John E. Nicholson, for appellee; John T. Chadwell, of counsel.
   Mr. Justice Taylor

delivered the opinion of the court.


author: Mr. Presiding Justice

text:
    Ida G. Hogg, individually and as administratrix of the estate of Lloyd W. Hogg, deceased, and George W. Hogg, by his next friend Ida G. Hogg, defendants in error, v. Julia Cummings Hohmann et al., plaintiffs in error.
    Gen. No. 29,549.
    Bill to recover for estate of plaintiffs'’ decedent securities fraudulently obtained from decedent prior to his death. Decree for complainants. Error to the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed in part and reversed in part, and remanded.
    Opinion filed February 2, 1926.
    Rehearing denied February 17, 1926.
    Newby, Murphy & Walker and Albert E. Isley, for Julia Cummings Hohmann and Marion Hohmann Keller, plaintiffs in error.
    Fink, Lowes & Bishop, for defendants in error.
   Mr. Presiding Justice

Barnes delivered the opinion of the court.


text:
    Ida G. Hogg et al., complainants and appellees, v. Julia Cummings Hohmann et al., defendants, on appeal of George Hohmann, appellant.
    Gen. No. 29,581.
    Bill to recover indebtedness to estate of plaintiffs’ decedent. Decree for complainants.' Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Reversed and remanded with directions.
    Opinion filed February 2, 1926.
    Rehearing denied and opinion modified February 17, 1926.
    Cooke, Sullivan & Ricks, for appellant; Edwin Hedrick and Edmond W. Hebei, of counsel.
    Fink, Lowes & Bishop, for appellees.
   Mr. Presiding Justice

Barnes delivered the opinion of the court.


author: Mr. Presiding Justice Barnes

text:
    The First Italian State Bank, defendant in error, v. Fratelli Cannato, plaintiff in error.
    Gen. No. 30,273.
    Judgment by confession. Motion to vacate denied. Error to the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed and remanded with directions.
    Opinion filed February 2, 1926.
    Cairoli Gigliotti, for plaintiff in error.
    No appearance for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Wartburg Publishing House, plaintiff in error, v. R. E. Shepherd, defendant in error.
    Gen. No. 30,285.
    Action for services and material furnished. Judgment for defendant. Error to the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed with finding of facts and judgment here.
    Opinion filed February 2, 1926.
    Oscar A. Stoffels, for plaintiff in error; Harry Goodman, of counsel. No appearance for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


text:
    Joseph S. Sweeney, Jr., by Joseph S. Sweeney, Sr., defendant in error, v. Frederick O. Clausen, plaintiff in error.
    Gen. No. 30,301.
    Action for damages. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. J. C. Eagleton, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 2, 1926.
    C. W. Larsen and F. J. Karasek, for plaintiff in error; Johan Waage, of counsel.
    Finn & Miller, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr, Presiding Justice Barnes

text:
    National Electric Controller Company, appellant, v. Howard Radio Company et al., appellees.
    Gen. No. 30,332.
    Action for amounts due under written contract. Judgment for defendants. Appeal from the Municipal Court of Chicago; the Hon. Theodore F. Ehler, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 2, 1926.
    Rehearing denied February 17, 1926.
    Samuel Shaw Parks, for appellant.
    Dyrenforth, Lee, Chritton & Wiles, for Howard Radio Company, appellee; Marcus A. Hirschl and George A. Chritton, of counsel.
    Baker, Holder & Schmidt, for A. A. Howard, G. E. Warren and T. J. Sullivan, appellees; Leroy W. Holder, of counsel.
   Mr, Presiding Justice Barnes

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Joseph Soltis, plaintiff in error.
    Gen. No. 30,358.
    Prosecution for misdemeanor. Conviction without arraignment or plea and after denial of trial by jury. Error to the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the second division of this court for the first division at the October term, 1925.
    Reversed and remanded.
    Opinion filed February 2, 1926.

      Charles Horgan, for plaintiff in error; James M. Burke, of counsel.
    Robert E. Crowe, State’s Attorney, for defendant in error.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.


author: Mr. Justice Fitch

text:
    The People of the State of Illinois, defendant in error, v. Louis Heistinger, plaintiff in error.
    Gen. No. 30,303.
    Prosecution for operating motor vehicle while intoxicated. Sentence on plea of guilty. Error to the Municipal Court of Chicago; the Hon. Henry M. Walker, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 2, 1926.
    Jay J. McCarthy, 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 Fitch

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Joseph C. Wolon, plaintiff in error.
    Gen. No. 30,344.
    Prosecution for conspiracy. Conviction and sentence. Error to the Criminal Court of Cook county; the Hon. Wm. N. Gemmill, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 2, 1926.
    Rehearing denied February 17, 1926.
    Joseph C. Wolon, pro se.

    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 Fitch

delivered the opinion of the court.


text:
    International Accountants Society, appellant, v. John A. Schuler, appellee.
    Gen. No. 30,366.
    Action upon note. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 2, 1926.
    Kasper & Pakulaz, for appellant.
    No appearance for appellee.
   Mr. Justice Fitch

delivered the opinion of the court.


author: Mr. Justice Gridley

text:
    The People of the State of Illinois ex rel. Max U. Masor, appellee, v. City of Chicago et al., appellants.
    Gen. No. 30,347.
    Petition for mandamus to restore revoked license. Writ issued. Appeal from the Superior Court of Cook county; the Hon. Harry W. McEwen, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed and remanded with directions.
    Opinion filed February 2, 1926.
    Francis X. Busch, Corporation Counsel, for appellants; Roy S. Gaskill, W. Arnold Amberg and Michael L. Rosinia, Assistant Corporation Counsel, of counsel.
    Brown & Alschuler, for appellee.
   Mr. Justice Gridley

delivered the opinion of the court.


text:
    Union Contracting Company, complainant, v. Washington Construction Company et al., defendants. In re Contempt Proceedings against Peter S. Shaughnessy, respondent and appellant.
    Gen. No. 30,259.
    Contempt for violation of injunction. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 2, 1926.
    Mclnerney & Power, for appellant; B. M. Shaffner, of counsel.
    McCormick, Kirkland, Patterson & Fleming, for appellee; Charles F. Bathbun and Vernon M. Welsh, of counsel.
   Mr. Justice Gridley

delivered the opinion of the court.


author: Per curiam.

text:
    Ida G. Hogg et al., complainants and appellees, v. Julia Cummings Hohmann et al., defendants, on appeal of Theodore P. Keller, appellant.
    Gen. No. 29,580.
    Appeal from the Circuit Court of Cook county; the Hon. Hugo M. Friend, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1924.
    Affirmed on authority of Gen. Ho. 29,549, ante.

    Opinion filed February 2, 1926.
    Behearing denied February 17, 1926.
    Newby, Murphy & Walker and Albert E. Isley, for appellant.
    Fink, Lowes & Bishop, for appellees.
   Per curiam.


text:
    Union Contracting Company, complainant, v. Washington Construction Company et al., defendants. In re Contempt Proceedings against Charles L. Wilde, respondent and appellant.
    Gen. No. 30,260.
    Contempt. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed on authority of Gen. No. 30,259, ante.

    Opinion filed February 2, 1926.
    Mclnerney & Power, for appellant; B. M. Shaffner, of counsel. McCormick, Kirkland, Patterson & Fléming, for appellee; Charles F. Bathbun and Vernon M. Welsh, of counsel.
   Per curiam.


text:
    Union Contracting Company, complainant, v. Washington Construction Company, et al., defendants. In re Contempt Proceedings against John Campbell, respondent and appellant.
    Gen. No. 30,261.
    Contempt. Appeal from the Superior Court of Cook county; the ■Hon. Denis E. Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed on authority of Gen. No. 30,259, ante.

    Opinion filed February 2, 1926.
    Mclnerney & Power, for appellant; B. M. Shaffner, of counsel.
    McCormick, Kirkland, Patterson & Fleming, for appellee; Charles F. Bathbun and Vernon M. Welsh, of counsel.
   Per curiam.


text:
    Union Contracting Company, complainant, v. Washington Construction Company et al., defendants. In re Contempt Proceedings against John T. Stretch, respondent and appellant.
    Gen. No. 30,262.
    Contempt. Appeal from the Superior Court of Cook county; the Hon. Denis E, Sullivan, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed on authority of Gen. No. 30,259, ante.

    Opinion filed February 2, 1926.
    Mclnerney & Power, for appellant; B. M. Shaffner, of counsel.
    McCormick, Kirkland, Patterson & Fleming, for appellee; Charles F. Bathbun and Vernon M. Welsh, of counsel.
   Per curiam.


text:
    The People of the State of Illinois, defendant in error, v. Dave Ostran, plaintiff in error.
    Gen. No. 30,314.
    Contempt. Error to the Superior Court of Cook county; the Hon. Harry A. Lewis, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed on authority of 239 111. App. 369.
    Opinion filed February 2, 1926.
    Rehearing denied February 17, 1926.
    Edward J. McCarthy and Leo A. 0’Beilly, for plaintiff in error; Stewart & O’Brien, of counsel.
    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.
   Per curiam.


text:
    The People of the State of Illinois, defendant in error, v. Edward Deckert, plaintiff in error.
    Gen. No. 30,315.
    Contempt. Error to the Superior Court of Cook county; the Hon. Harry A. Lewis, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Affirmed on authority of 239 111. App. 369.
    Opinion filed February 2, 1926.
    Rehearing denied February 17, 1926.
    Edward J. McCarthy and Leo A. O ’Beilly, for plaintiff in error; Stewart & O’Brien, of counsel.
    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.
   Per curiam.


text:
    The People of the State of Illinois, defendant in error, v. Joseph Soltis, plaintiff in error.
    Gen. No. 30,359.
    Error to the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed and remanded on authority of Gen. No. 30,358, ante.

    Opinion filed February 2, 1926.
    Charles Horgan, for plaintiff in error; James M. Burke, of counsel. Robert E. Crowe, State’s Attorney, for defendant in error.
   Per curiam.


text:
    The People of the State of Illinois, defendant in error, v. Steve Schultz, plaintiff in error.
    Gen. No. 30,363.
    Error to the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed and remanded on authority of Gen. No. 30,358, ante.

    Opinion filed February 2, 1926.
    Charles Horgan, for plaintiff in error; James M. Burke, of counsel.
    Robert E. Crowe, State’s Attorney, for defendant in error.
   Per curiam.


text:
    The People of the State of Illinois, defendant in error, v. John Soltis, plaintiff in error.
    Gen. No. 30,364.
    Error to the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1925.
    Reversed and remanded on authority of Gen. No. 30,358, ante.

    Opinion filed February 2, 1926.
    Charles Horgan, for plaintiff in error; James M. Burke, of counsel.
    Robert E. Crowe, State’s Attorney, for defendant in error.
   Per curiam.


text:
    Herman Turner, defendant in error, v. Carrie Shinable, plaintiff in error.
    Gen. No. 29,931.
    Action for wages. Judgment for plaintiff. Error to the Superior Court of Cook county; the Hon. Harry A. Lewis, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 3, 1926.
    Harris F. Williams, for plaintiff in error; Eldon M. Votaw, of counsel.
    A. W. Martin and Edward H. S. Martin, for defendant in error.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Nick Pappas, plaintiff in error.
    Gen. No. 30,258.
    Prosecution for assault with deadly weapon. Conviction and sentence. Error to the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 3, 1926.
    W. G. Anderson, for plaintiff in error.
    Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Leopold Cohen Iron Company, plaintiff in error, v. Price Iron & Steel Company, defendant in error.
    Gen. No. 30,302.
    Action upon contract of purchase and sale. Judgment for defendant. Error to the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 3, 1926.
    Rehearing denied February 16, 1926.
    George B. Cohen and Abraham H, Cohen, for plaintiff ip. error.
    West & Eekhart, for defendant in error; William M. Klein and Samuel Kraus, of counsel.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Frank Goldberg, appellee, v. John C. Philpott, appellant.
    Gen. No. 30,352.
    Action for damage to automobile in collision. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. David A. Hebei, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 3, 1926.
    Joseph H. Hinshaw, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Morris Wulbert, defendant in error, v. Hyman Rubin, plaintiff in error.
    Gen. No. 30,379.
    Action for commissions on sale of real estate. Judgment for plaintiff. Error to 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 February 3, 1926.
    Frankel & Bloom, for plaintiff in error.
    Cohen & O’Connor, for defendant in error.
   Mr. Presiding Justice Thomson

delivered the opinion of the court.


text:
    Eastern Felt Company, appellee, v. U. S. Ayer, appellant.
    Gen. No. 30,074.
    Action upon promissory note. 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 October term, 1925.
    Affirmed.
    Opinion filed February 3, 1926.
    Samuel B. King, for appellant.
    Charles O. Rundall, for appellee.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. George Faaborg and Bernice Record, plaintiffs in error.
    Gen. Nos. 30,263 and 30,264.
    Prosecution for living in open state of adultery and fornication. Conviction and sentence. 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.
    Affirmed.
    Opinion filed February 3, 1926.
    Wm. Navigato and Wm. Schulze, for plaintiffs in error.
    Robert E. Crowe, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    Tower Furniture Company, Inc., defendant in error, v. Bridgeport Furniture Company et al., plaintiffs in error.
    Gen. No. 30,304.
    Action for goods sold and delivered. Judgment for plaintiff. Error to the Municipal Court of Chicago; the Hon. T. H. Miller, Judge, presiding. Heard in the third division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed February 3, 1926.
    Harold O. Mulks, for plaintiffs in error.
    Kelly & Murphy, for defendant in error.
   Mr. Justice Taylor

delivered the opinion of the court.


text:
    State Bank of Chicago, defendant in error, v. Horace L. Brand et al., plaintiffs in error.
    Gen. No. 29,962.
    Scire facias to revive judgment. Judgment entered and defendants bring error. Error to 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, 1925.
    Reversed.
    Opinion filed March 2, 1926.

      Cloyes, Klinger & Brosius and Earl Wiley, for plaintiffs in error, John Koelling and Richard Heide.
    No appearance for defendant in error.
   Mr. Presiding Justice

Matehett delivered the opinion of the court.


text:
    Edward M. Gnarro, plaintiff in error, v. Emilio Longhi, trading as Italian & Greek Products Co., defendant in error.
    Gen. No. 30,250.
    Action on case for malicious prosecution. Judgment for defendant. Error to the Circuit Court of Cook county; the Hon. David M. Brothers, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.
    Cairoli Gigliotti, for plaintiff in error.
    William Schulze, for defendant in error.
   Mr. Presiding Justice

Matehett delivered the opinion of the court.


author: Mr. Presiding Justice Matehett

text:
    Idaho Evaporating Company, appellee, v. A. H. Welch and H. C. Welch, trading as Welch & Welch, appellants.
    Gen. No. 30,307.

    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Stewart Reed Brown, for appellants.
    S. F. Block, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    A, S. Shay, appellant, v. Sol Fuchs, appellee.
    Gen. No. 30,330.
    Action for breach of contract. Action dismissed on motion of defendant. 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 October term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.
    Isador Becker and Theodore Stone, for appellant.
    Benjamin B. Morris, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    A. D. Doberstein and Bronislowa Szoszowski, appellants, v. Union Bank of Chicago, appellee.
    Gen. No. 30,349.
    Action to recover sums paid upon agreement to convey land. Judgment for plaintiffs for part of claim and they appeal. 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 October term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Joseph B. Lawler, for appellants.
    Arthur P. Feigen, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


author: Mr. Presiding Justice Matchett

text:
    Cary Manufacturing Company, appellee, v. John S. McChesney, appellant.
    Gen. No. 30,353.
    Bill for injunction to restrain interference with complainant’s business. Appeal from order denying motion to dissolve preliminary injunction. Interlocutory appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    James P. Graham and Charles J. Monahan, for appellant; Sarsfield Collins, of counsel.
    Mayer, Meyer, Austrian & Platt, for appellee.
   Mr. Presiding Justice Matchett

delivered the opinion of the court.


text:
    Frank Cimino, appellant, v. Irwin Tucker and John Kokenes, trading as Tucker & Kokenes, appellees.
    Gen. No. 30,401.
    Action for goods sold and delivered, consolidated with counter action for damages for failure to accept purchased goods. Judgment for costs for defendants in first action. 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 October term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Stewart Reed Brown, for appellant.
    Baker, Holder & Schmidt, for appellees.
   Mr. Presiding Justice

Matehett delivered the opinion of the court.


text:
    Jacob Gidwitz, appellant, v. International Furniture Company, et al., appellees.
    Gen. No. 30,458.
    Bill for specific performances of agreement to sell stock to complainant and for injunctive relief. Bill dismissed on demurrer. Appeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    Edward J. Kelley, for appellant.
    Lewis F. Jacobson, Roy C. Merrick, Cameron Latter and Sidney C. Merman, for appellees, International Furniture Co., Adolf Cohan, Miriam Cohan and Philip W. Pelts.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    New York Life Insurance Company, v. Arthur A. Allen et al., on appeal of Arthur A. Allen, appellant. Attie M. Allen, appellee.
    Gen. No. 30,476.
    Interpleader to determine title to proceeds of life insurance policy under terms of separation agreement between the insured and his wife. Decree for wife. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Reversed and remanded with directions.
    Opinion filed March 2, 1926.
    Frederic L. Goff, for appellant.
    Robert E. Hogan, for appellee; E. R. Parnass, of counsel.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Ludwig H. Koepke, appellee, v. George Zoeller, appellant.
    Gen. No. 30,485.
    Action for services and material furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John H. Lyle, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Reversed with a finding of fact.
    Opinion filed March 2, 1926.
    Frances E. Spooner, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Z. Malauskas, appellee, v. J. A. Kosching, appellant.
    Gen. No. 30,553.
    Forcible detainer. Judgment for plaintiff and writ issued. Appeal from the Municipal Court of Chicago; the Hon. John J. Lupe, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    Jule F. Brower and Samuel B. King, for appellant.
    Anthony A. Olis, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Midwestern Company, appellee, v. Warshawsky & Company, appellant.
    Gen. No. 30,572.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. William E. Viner, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.
    Fred Plotke and John F. Shea, for appellant. John F. Shea, of counsel.
    Albert Sabath, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Seymour E. Henikoff et al., complainants, v. Joseph Lavin et al., defendants. Max Goldman, cross-complainant, appellee, v. Seymour E. Henikoff et al., cross-defendants, on appeal of Joseph Bavin, appellant.
    Gen. No. 30,581.
    Bill to remove cloud on title. Appeal by cross-defendant from certain parts of decree. Appeal from the Superior Court of Cook county; the Hon. Oscar Hebei, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Reversed and remanded with directions.
    Opinion filed March 2, 1926.
    Harold J. Finder, for appellant.
    Samuel L. Antonow and Robert D. Melick, for appellee; Laurence M. Fine, of counsel.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. John Petrila, appellee, v. City of Chicago et al., appellants.
    Gen. No. 30,627.
    Petition for mandamus to compel restoration of license. Writ issued. 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 October term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.
    Francis X. Busch, Corporation Counsel, for appellants; Ray S. Gaskill, W. Arnold Amberg and Michael L. Rosinia, Assistant Corporation Counsel, of counsel.
    No appearance for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Pearl W. Chavers, appellee, v. Richard Hill, Jr., appellant.
    Gen. No. 30,710.
    Action on ease for malicious prosecution. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Walter P. Steffen, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.
    Andrew J. O’Donnell and Richard Hill, Jr., pro so, for appellant.
    No appearance for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Financial Securities Corporation, appellee, v. Otto Langos, trading as Langos Electric & Manufacturing Company (not inc.), appellant.
    Gen. No. 30,719.
    Action upon notes. Judgment for plaintiff. Appeal from denial of motion to vacate. 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 October term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    Harry H. Eelgar, for appellant. Martin W. Watrous, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Herman C. Struve, appellee, v. Michael Pissani, appellant.
    Gen. No. 30,736.
    Forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John J. Lupe, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Max C. Liss, for appellant; Goodnow, Barasa & Liss, of counsel.
    Zillman & Krinker, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


text:
    Leslie A. Johnson, appellee, v. Blauer & Goldstone Company, appellant.
    Gen. No. 30,764.
    Action for services and material furnished. 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 October term, 1925.
    Reversed with findings of fact and judgment here.
    Opinion filed March 2, 1926.
    Kfauss, Goldman & Allshouse, for appellant.
    Guy H. Powell, for appellee.
   Mr. Presiding Justice Matehett

delivered the opinion of the court.


author: Mr. Justice Johnston

text:
    Samuel Strobl, plaintiff in error, v. J. J. Ingels, defendant in error,
    Gen. No. 29,546.
    Motion in nature of writ of error coram nobis to vacate default judgment. Order vacating judgment, and plaintiff brings error. Error to the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.

      Hermena B. Deiches and Kraft, Kraft & Brsldne, for plaintiff in error.
    George C. Qeier, for defendant in error.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Aurelia Harris arrested at suit of L. M. Snite, appellee, v. Peter M. Hoffman, sheriff of Cook county, and Dennis J. Egan, bailiff of municipal court of Chicago, appellants.
    Gen. No. 29,988.
    Petition for release from custody under Insolvent Debtor’s Act. Petitioner discharged. Appeal from the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Clark & dark, for appellants; Bussell S. Clark, of counsel.
    No appearance for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    William Burgess, appellee, v. John Myers and John Moriarity, trading as Kenwood Trucking & Teaming Company, appellants.
    Gen. No. 30,001.
    Action for balance alleged due for services furnished. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Edgar A. Jonas, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Gann, Seeord & Stead, for appellants; Doy N. McIntosh and Mack C. Wylie, of counsel.
    Gustav E. Beerly and Bay S. Gaskill, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    James M. Kennedy and O. Von Rautenkranz, trading as Lake View Real Estate Exchange, appellees, v. Charles F. Henry, appellant.
    Gen. No. 30,032.
    Action to recover commission for services as brokers. Judgment for plaintiffs. 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, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    Walter Hamilton, for appellant.
    Thompson, Tyrrell & Chambers, for appellees; Lavern W. Thompson, of counsel.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Daisy H. Harts, appellant, v. Arnold Brothers, a corporation, appellee.
    Gen. No. 30,068.
    Action to recover solicitor’s fees incurred in prosecuting suit in equity against defendant. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Henry M. Walker, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.

      Burke, Jackson & Burke and Edwin B. Harts, for appellant.
    Zimmerman & Clark, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Ida Reeves, appellant, v. Chicago Mutual Life Company, appellee.
    Gen. No. 30,069.
    Action upon policy of life insurance. Judgment for defendant. 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, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    Maxwell N. Andalman, for appellant.
    Robert W. Dunn, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Mark Levy and Arthur G. Levy, trading as Mark Levy & Brother, appellees, v. Ethel F. Lipsey and David Lipsey, appellants.
    Gen. No. 30,087.
    Action to recover commissions for services as real estate brokers. Judgment for plaintiffs. Appeal from the Circuit Court of Cook county; the Hon. Walter Brewer, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    Albert Sabath, for appellants; Laurence M. Fine, Robert D. Meliek and Thomas M. Zasadil, Jr., of counsel.
    Sonnensehefh, Berkson, Lautman & Levinson, for appellees.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Abraham Clyman, appellee, v. Asher R. Gluck, appellant.
    Gen. No. 30,094.
    Action to recover broker’s commissions. Judgment for plaintiff. Appeal from the County Court of Cook county; the Hon. John D. Biggs, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    A. G. Dieus, for appellant.
    Ela, Grover & March and Justin K. Orvis, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    E. C. Brownlee, appellee, v. Dan Zobel, appellant.
    Gen. No. 30,106.
    Action for broker’s commissions. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Wells M. Cook, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    Orville W. Lee, for appellant.
    Lewis, Adler, Lederer & Kahn, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Chicago Smelting & Refining Corporation, appellee, v. Thomas H. Sullivan, trading as United Electric Service Company, appellant.
    Gen. No. 30,115.
    Action for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Samuel H. Trude, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Reversed and remanded.
    Opinion filed March 2, 1926.
    L. Shirley Tark, for appellant.
    Benjamin B. Morris, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


text:
    Anglo-Califomia Trust Company, appellant, v. Essanay Film Manufacturing Company, appellee.
    Gen. No. 30,146.
    Action upon written contract. Judgment for plaintiff allowing defendant’s plea of set-off and plaintiff appeals. Appeal from the Circuit Court of Cook county; the Hon. Harry Edwards, Judge, presiding. Heard in the first division of this court for the first district at the March term, 1925.
    Affirmed.
    Opinion filed March 2, 1926.
    Rehearing denied March 15, 1926.
    McCormick, Kirkland, Patterson & Fleming, for appellant; Weymouth Kirkland and Robert N. Golding, of counsel.
    Charles S. Deneen and Roy Massena, for appellee.
   Mr. Justice Johnston

delivered the opinion of the court.


author: Mr. Justice Jett

text:
    Second District.
    Richard J. Collins, appellant, v. Harry E. Parker, Jr., et al., appellees.
    Gen. No. 7,457.
    Bill to foreclose real estate mortgage. Dismissed for want of equity. Appeal from the Circuit Court of Knox county; the Hon. Walter C. Frank, Judge, presiding. Heard in this court at the April term, 1925.
    Reversed and remanded with directions.
    Opinion filed July 22, 1925.
    W. P. Quimby, for appellant.
    Marsh, Rice, Lewis & Thompson, for appellees.
   Mr. Justice Jett

delivered the opinion of the court.


author: Mr. Justice Partlow

text:
    Hannah L. Erickson, plaintiff in error, v. Equitable Life Assurance Society of the United States, defendant in error.
    Gen. No. 7,541.
    Suit upon life insurance policy. Judgment for defendant. Error to the Circuit Court of Rock Island county; the Hon. Wm. T. Church, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 17, 1925.
    Kenworthy, Dietz, Shallberg, Harper & Sinnett, for plaintiff in error.
    Walker, Sweeney & McNamara and Mayer, Meyer, Austrian & Platt, for defendant in error.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Patek Brothers, Inc., appellant, v. Gossard Radio & Wire Company, formerly Ferro Manufacturing Company, appellee.
    Gen. No. 7,560.
    Action upon two trade acceptances. Judgment for plaintiffs for one and they appeal. Appeal from the County Court of Boone county; the Hon. Richard V. Carpenter, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed and remanded.
    Opinion filed December 17, 1925.
    Robert W. Waugh, for appellant.
    Alexander J. Strom, for appellee.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Joseph Adelman, appellee, v. Illinois Central Railroad Company, appellant.
    Gen. No. 7,572.
    Action for damage to automobile by train in crossing collision. Judgment for plaintiff. Appeal from the Circuit Court of Kankakee county; the Hon. Arthur W. De Seim, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 24, 1925.
    Hunter & Minor, for appellant; John G. Drennan, of counsel.
    Miller & Streeter, for appellee.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    I. H. Burnstine and Isadore Burnstine, trading as Riviera Motor Sales, appellants, v. James Mack, appellee.
    Gen. No. 7,596.
    Replevin to recover automobile from sheriff after seizure on execution against third party. Judgment for sheriff. Appeal from the Circuit Court of Grundy county; the Hon. G. 0. Dietz, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 28, 1925.
    Pritzker & Pritzker, for appellants.
    Cornelius Reardon, for appellee.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Reo Motor Car Company of Chicago, appellee, v. F. E. Jones, appellant.
    Gen. No. 7,545.
    Action upon note. Judgment by confession. Appeal from denial of motion to re-open and admit plea. Appeal from the Circuit Court of Winnebago county; the Hon. Bari D. Reynolds, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed and remanded.
    Opinion filed December 30, 1925.
    L. M. Green and R. E, Beclcington, for appellant.
    Hincheliff & Miller, for appellee.
   Mr. Justice Jett

delivered the opinion of the court.


text:
    First National Bank of Galesburg and Scott Ford, appellees, v. Caroline S. Ford, appellant.
    Gen. No. 7,593.
    Bill to foreclose mortgage. Foreclosure decreed. Appeal from the Circuit Court of Knox county; the Hon. Willis F. Graham, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed January 6, 1926.

      A. B. Pierson and E. C. Hunt, for appellant.
    Bert E. McLaughlin, for appellee, Scott Ford.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Leonard Stuckert, by John Stuckert, plaintiff in error, v. James J. Moran, defendant in error.
    Gen. No. 7,535.
    Action for malpractice. Judgment for defendant on directed verdict. Error to the Circuit Court of La Salle county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed and remanded.
    Opinion filed January 19, 1926.
    John J. Massieon and Butlers & Butlers, for plaintiff in error.
    Duncan & O’Connor, for defendant in error.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Angela McKay, by C. M. McKay, appellee, v. Briggs Coffman, appellant.
    Gen. No. 7,552.
    Action for personal injury by automobile. Judgment for plaintiff. Appeal from the Circuit Court of Knox county; the Hon. George C. Hillyer, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed January 19, 1926.
    Marsh, Rice, Lewis & Thompson, for appellant.
    Hardy, Hardy, Bardens & Hardy, for appellee.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Warren Corning & Company, appellee, v. Joliet Textile Mills, Inc., appellant.
    Gen. No. 7,576.
    Bill to cancel contract and for injunction and an accounting. Decree for complainant. Appeal from the Circuit Court of Will county; the Hon. Frederick A. Hill, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed January 19, 1926.
    Donovan, Bray & Gray, for appellant.
    Dyrenforth, Lee, Chritton & Wiles, for appellee; George A. Chritton, Alfred J. Parker and John H. Savage, of counsel.
   Mr. Justice Partlow

delivered the opinion of the court.


text:
    Clyde Schooley, appellee, v. Wilson Provision Company, appellant.
    Gen. No. 7,579.
    Action for personal injury in collision of motor trucks. Judgment for plaintiff. Appeal from the Circuit Court of Peoria county; the Hon. C. V. Miles, Judge, presiding. Heard in this court, at the October term, 1925.
    Affirmed.
    Opinion filed January 19, 1926.
    Miller, Elliott & Westervelt, for appellant; John M. Elliott and Joseph L. Johnson, of counsel.
    Nathan H. Weiss, for appellee.
   Mr. Justice Partlow delivered the opinion of the court.


text:
    Samuel A. Gibson, appellee, v. Calvin R. Mower, appellant.
    Gen. No. 7,561.
    Action for commission for sale of stock under verbal contract. Judgment for plaintiff. Appeal from the Circuit Court of Winnebago county; the Hon. E. D. Reynolds, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed February 3, 1926.
    Rehearing denied April 7, 1926.
    Hyer & Gill, for appellant. B. A. Knight, for appellee.
   Mr. Justice Partlow

delivered the opinion of the court.


author: Mr. Presiding Justice Niehaus

text:
    Third District.
    Thomas E. Cockin, appellant, v. Charles M. Strawm, appellee. Charles M. Strawn, appellee, v. Thomas E. Cockin, appellant.
    Gen. No. 7,847.
    Assumpsit upon promissory note. Bill in equity for cancellation of the same. Judgment for defendant and complainant in equity. Appeal from the Circuit Court of Morgan county; the Hon. Elbert S. .Smith, Judge, presiding. Heard in this court at the April term, 1925.
    Reversed and remanded with directions.
    Opinion filed December 31, 1925.
    John J. Reeve and William T. Wilson, for appellant.
    William N. Hairgrove and Bellatti, Bellatti & Moriarty, for appellee.
   Mr. Presiding Justice Niehaus

delivered the opinion of the court.


author: Mr. Justice Crow

text:
    Harold C. Wilber, appellant, v. Estate of Lewis Wilber, deceased, appellee.
    Gen. No. 7,851.
    Action by ward upon claim against estate of guardian. Judgment for defendant. Appeal from the Circuit Court of Vermilion county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the April term, 1925.
    Affirmed.
    Opinion filed December 31, 1925.
    Jones, Mclntire & Jones, for appellant.
    H. M. Steely and H. M. Steely, Jr., for appellee; Thomas A. Graham and Walter V. Dysert, for objecting creditors.
   Mr. Justice Crow

delivered the opinion of the court.


text:
    D. T. Black, appellee, v. Lincoln Mutual Casualty Company of Springfield, appellant.
    Gen. No. 7,855.
    Action upon automobile theft insurance policy. Judgment for plaintiff. Appeal from the County Court of Clark county; the Hon. H. M. Janney, Judge, presiding. Heard in this court at the April term, 1925.
    Reversed.
    Opinion filed December 31, 1925.
    Samuel M. Scholfield and John J. Arney, for appellant.
    Arthur Poorman, for appellee.
   Mr. Justice Crow

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Tony Brush, plaintiff in error.
    Gem. No. 7,892.
    Prosecution for violation of Prohibition Act. Judgment of conviction. Error to the County Court of Christian county; the Hon. C. G. Vogelsang, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 31, 1925.
    Rehearing denied February 23, 1926,

      John G. Friedmeyer and Thomas F. Smith, for plaintiff in error.
    Carl H. Preihs, State’s Attorney, and W. S. Greer, Assistant State’s Attorney, for defendant in error.
   Mr. Justice Crow

delivered the -opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. Frances Brouay, plaintiff in error.
    Gen. No. 7,903.
    Prosecution for violation of Prohibition Act. Verdict of guilty; judgment and sentence thereon. Error to the County Court of Christian county; the Hon. C. J. Vogelsang, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed and remanded.
    Opinion filed December 31, 1925.
    H. B. Hershey, for plaintiff in error.
    Carl H. Preihs, State’s Attorney, and W. S. Greer, Assistant State’s Attorney, for defendant in error.
   Mr. Justice Crow

delivered the opinion of the court.


text:
    Town of Prairieton, appellee, v. Frank Wooters, appellant.
    Gen. No. 7,915.
    Prosecution for obstruction of public highway. Conviction, judgment and sentence. Appeal from the Circuit Court of Christian county; the Hon. F. R. Dove, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed.
    Opinion filed December 31, 1925.
    Hogan & Reese, James Vause, Jr., and S. S. Clapper, for appellant.
    R. W. Adams and H. B. Hershey, for appellee.
   Mr. Justice Crow

delivered the opinion of the court.


text:
    The First National Bank of Monticello, appellant, v. John W. Dubson, appellee.
    Gen. No. 7,918.
    Action on judgment note. Judgment for defendant. Appeal from the Circuit Court of Piatt county; the Hon. Geo. A. Sentel, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed.
    Opinion filed December 31, 1925.
    Shonkwiler & Firke, for appellant.
    W. A. Doss, for appellee.
   Mr. Justice Crow

delivered the opinion of the court.


text:
    Rebecca Jones, appellee, v. Sarah Dlugo, appellant.
    Gen. No. 7,943.
    Appeal from the Circuit Court of Sangamon county; the Hon. E. S. Smith, Judge, presiding. -Heard in this court at the October term, 1925.
    Affirmed for insufficiency of abstract.
    Opinion filed December 31, 1925.
    Templeman & Templeman, for appellant.
    T. W. Hoopes, for appellee.
   Mr. Justice Crow

delivered the opinion of the court.


author: Mr. Justice Shurtleff

text:
    Frank Orr and Margaret T. Vates, executors, v. Bertha M. Graham, Anna R. Rush and Eli Williams, appellants. Catherine Rush, appellee.
    Gen. No. 7,904.
    Bill for appointment of trustee and to establish trust. Decree for complainants. Appeal from the Circuit Court of Pike county; the

      Hon. Fred G. Wolfe, Judge, presiding. Heard in this court at the ■October term, 1925.
    Reversed in part, affirmed in part.
    Opinion filed December 31, 1925.
    L. T. Graham, for appellants.
    Williams & Williams, for appellee.
   Mr. Justice Shurtleff

delivered the opinion of the court.


text:
    W. W. Hiddle, appellant, v. Charles Watson and Sam Springer, appellees.
    Gen. No. 7,907.
    Suit to recover sums paid upon purchase of stock of foreign corporation doing business, in violation of Securities Act. Judgment for defendants. Appeal from the Circuit. Court of Edgar county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 31, 1925.
    Wilber H. Hickman, for appellant.
    O’Hair, McClain & Bristow, for appellees.
   Mr. Justice Shurtleff

delivered the opinion of the court.


text:
    Edna Hutchison, appellee, v. Levi Murray, appellant.
    Gen. No. 7,913.
    Action for purchase price of garage. Judgment for plaintiff. Appeal from the Circuit Court of Christian county; the Hon. W. B. Wright, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 31, 1925.
    Rehearing denied February 23, 1926.
    Hogan & Reese, for appellant.
    Lyman G. Grundy, for appellee.
   Mr. Justice Shurtleff

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. James Vankowski, plaintiff in error.
    Gen. No. 7,916.
    Prosecution for unlawful possession of intoxicating liquors. Verdict of guilty; judgment and sentence thereon. Error to the County Court of Christian county; the Hon. C. J. Vogelsang, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed and remanded.
    Opinion filed December 31, 1925.
    Hogan & Reese, for plaintiff in error.
    Carl H. Preihs, State’s Attorney, and W. S. Greer, Assistant State’s Attorney, for defendant in error.
   Mr. Justice Shurtleff

delivered the opinion of the court.


text:
    Ada Stoner Chapin, defendant in error, v. Banta Furniture Company, plaintiff in error.
    Gen. No. 7,919.
    Damages for breach of lease. Judgment for plaintiff. Error to the Circuit Court of Macon county; the Hon. James S. Baldwin, Judge, presiding. Hoard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 31, 1925.
    Redmon & Redmon and Webber & Webber, for plaintiff in error.
    McDavid & Monroe and Whitley & Fitzgerald, for defendant in error.
   Mr. Justice Shurtleff

delivered the opinion of the court.


text:
    The People of the State of Illinois ex rel. Maude Giles, appellee, v. Warren Brookshire, appellant.
    Gen. No. 7,924.
    Bastardy proceedings. Judgment of filiation. Appeal from the Circuit Court of Shelby county; the Hon. William C. Kelley, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed and remanded.
    Opinion filed December 31, 1925.
    S. S. • Clapper and Geo. B. Rhoads, for appellant.
    Ralph Adams and Robt. I. Pugh, for appellee.
   Mr. Justice Shurtleff

delivered the opinion of the court.


author: Mr. Justice Shurtleff Fourth District.

text:
    Mabel Schooley, appellee, v. J. Keenan’s Bank, appellant.
    Gen. No. 7,929.
    Action for breach of agreement to loan depositor’s money on approved security. Judgment for plaintiff. Appeal from the Circuit Court of McLean county; the Hon. Edward Barry, Judge, presiding. Heard in this court at the October term, 1925.
    Affirmed.
    Opinion filed December 31, 1925.
    Stone & Taylor, for appellant.
    Morrissey, Sullivan & Rust, for appellee.
   Mr. Justice Shurtleff

delivered the opinion of the court.

Fourth District.


author: Mr. Presiding Justice Higbee

text:
    Theresa Verlie, appellee, v. Anton Juchniewicz et al., appellants.
    Bill to foreclose real estate mortgage. ' Decree of foreclosure. Appeal from the Circuit Court of St. Clair county; the Hon. George A.
    Crow, Judge, presiding. Heard in this court at the March term, 1925.
    Reversed and cause remanded with directions.
    Opinion filed August 5, 1925.
    Beasley & Zulley, for appellants.
    Turner, Holder & Buffington, for appellee.
   Mr. Presiding Justice Higbee

delivered the opinion of the court.


text:
    The People of the State of Illinois, defendant in error, v. W. C. Rettich, plaintiff in error.
    Prosecution for unlawfully transporting intoxicating liquors on public highway. Sentence upon plea of guilty. Error to the County Court of Saline county; the Hon. A. G. Abney, Judge, presiding. Heard in this court at the October term, 1925.
    Reversed.
    Opinion filed November 12, 1925.
    H. R. Lightfoot, for plaintiff in error.
    Charles T. Elota, State’s Attorney, and K. C. Ronalds, Assistant State’s Attorney, for defendant in error.
   Per curiam.


text:
    Harriet Jaroszewski, Appellee, v. Chicago Railways Company et al., Appellants.
    Gen. No. 30,493.
    1. Evidence — relevancy to issue as to negligent character of act of proof of like acts by others. Where one who had alighted from the rear platform of a street car thereafter passed through the space between the front of such car and the rear of another street car standing three or four feet ahead on the same track, and so stepped upon the track of cars moving in the opposite direction, it was irrelevant to the issue as to whether she was in the exercise of due care in so doing, that other passengers had preceded her through that opening.
    2. Negligence — presumption against negligence of others as excusing want of ordinary care for own safety. While one is not required to anticipate negligence on the part of others, the presumption that others will not be negligent will not excuse one from the consequences of a failure to - exercise ordinary care in his own behalf.
    3. Street railways — when finding of freedom from contributory negligence against weight of evidence in action by departing passenger for injury due to crushing between baching and standing car on same track. Where one who had alighted from the rear platform of a street car thereafter passed through the space between the front of such car and the rear of another street car standing three or four feet ahead on the same track, thereby going upon the track used by cars moving in the opposite direction, and. then retreated to her position between the cars to escape injury from a car approaching upon such other track, was then injured by the unexpected backing of the car ahead, a finding and judgment in her favor in an action against the street car company for such injury, necessarily including a finding that she was not guilty of contributory negligence, was against the weight of the evidence.
    Appeal by defendants from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Heard in the second division of this court for the first district at the October term,
    1925.
    Reversed and remanded.
    Opinion filed May 25, 1926.
    Busby, Weber, Miller & Donovan, for appellants; John R. Guilliams, Frank L. Kriete and Joseph D. Ryan, of counsel.
    Charles C. Spencer and Arthur A. House, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.

This is an appeal from a judgment against defendants awarding $8,000 to plaintiff as damages for personal injuries.

Before the accident in which the injuries were received plaintiff was a passenger on one of defendants’ cars going southeast on its west track on Milwaukee Avenue, Chicago. The car stopped within three or four feet of another car heading in the same direction, which had stopped several feet north of the crosswalk of a north and south street intersecting at that point. Both ears were discharging and taking on passengers. Plaintiff left at the rear end of the car she was in, and coming to the open space between the two cars, passed through to cross the northwest bound track and Milwaukee Avenue. The witnesses did not agree as to whether others preceded her through the opening. But if others did, the fact is irrelevant to the issue whether she exercised ordinary care in placing herself in that situation. Chicago, R. I. & P. Ry. Co. v. Clark, 108 Ill. 113, 118; Mueller v. Phelps, 252 Ill. 630; Ormond v. Central Iowa R. Co., 58 Iowa 742, 13 N. E. 54; Judd v. Fargo, 107 Mass. 264.

After passing between the two cars she stepped back into the space between them to avoid a northwest bound car passing on the other or east track. As she did so the forward car backed to get off of a switch that would have taken the car from its line, and she was squeezed between the two cars and received the injuries complained of.

These undisputed facts, which are not mitigated by any other facts in evidence, present the question whether plaintiff exercised ordinary care for her own safety. It is unquestioned that she voluntarily and deliberately chose to cross the street, not on the crosswalk at the usual place for pedestrians, but several feet north of it at a point where she was confronted with two dangers, one of being struck by a car passing on the other track which she was about to cross, and one from a movement of either of the cars on the track she had just crossed that might bring them closer together. To avoid the former, of which she admitted she was aware, she stepped into the other, equally imminent in case of any such movement. Her counsel concede that if she had been injured by the passing car she would have been guilty of contributory negligence.

It is difficult to distinguish the two situations in principle. The most that can be said is that one danger was not as much to be expected as the other. Assuming it was the duty of the motorman under the evidence and circumstances to give the conductor a signal for backing in order that the latter might look out for danger in doing so — a question of fact we need not discuss if plaintiff was guilty of contributory negligence — her counsel argue that she did not have to anticipate the motorman’s negligence in so backing without giving such signal. Counsel cite from Schlauder v. Chicago & Southern Traction Co., 253 Ill. 154, 159, this language: “There is a presumption of law that every person will perform the duty enjoined by law or imposed by contract, and anticipation of negligence in others is not a duty which the law imposes. (Citations.) While that statement has often been made and the presumption is to have due weight in determining questions of negligence, it is manifest that the presumption is not a conclusive one and that no one has a right to rely solely upon it in regulating his own conduct.” The court, however, added: “No one can assume that there will not be violations of the law or negligence of others and offer the presumption as an excuse for failure to exercise care. ’ ’ While one is not required to anticipate negligence in others, yet that proposition is quite different from relying on the presumption that another will not be negligent as an excuse for failure to exercise ordinary care in his own behalf. The distinction made in the Schlauder case on that point is quite obvious.

The cars being in active operation could not be expected to stand there long or indefinitely without some movement, and though plaintiff might not have expected the forward car would back, yet in the practical operation of the car it might do so, as disclosed by the fact that it passed a switch that necessitated backing to put the car back on its line. Such a thing was not unlikely to happen. It does happen. Plaintiff would have had no right to presume that what sometimes happens will not happen, and, as said in the Schlauder case, cannot offer such presumption as an excuse for failure to exercise ordinary care for her own safety in such a situation. She not only placed herself between two cars that were in active operation, but she was off the usual line of travel for a pedestrian and where her right to cross the street was more limited than on the crosswalk at the street intersection. Pienta v. Chicago City Ry. Co., 284 Ill. 246. No necessity impelled her to cross at that point. It was her deliberate choice for a shorter cut to the place she was going, and involved conditions of danger. One was a movement of one or both of the cars she passed between in the regular course of their operation, and another the passing of a car on the other track. She admitted that she was aware of the latter, and therefore must have contemplated the necessity, if confronted with that danger, of hastening forward or stepping backward, and if the latter, the difficulty of escaping danger from a movement of cars, which, being in active operation, might take place at any moment. She found, as she passed between the cars, that she was compelled to step back for safety. In doing so she was still in obvious danger unless the space was kept open. If she could not absolutely rely on its continuing so, when either or both cars might start at any moment, whether negligently or not, can she be said to have exercised ordinary care? Can it be said that a pedestrian is free from contributory negligence when at a busy street intersection, instead of taking the crosswalk thereat, he deliberately attempts to confront danger by crossing elsewhere and is injured in so doing? And if in avoiding the known danger he falls into one not foreseen, which he otherwise would not have incurred, can it be said that the deliberate choice to encounter the former is not a contributing cause to injury from the latter? It was said in Illinois Cent. R. Co. v. Siler, 229 Ill. 390, 394, and repeated in Ford v. Hine Bros. Co., 237 Ill. 463, 467: “In order to make a negligent act the proximate cause of an injury it is not necessary that the particular injury, and the particular manner of its occurrence, could reasonably have been foreseen.” Most any movement of the cars she passed between would have endangered her opportunity to retreat from the danger she deliberately confronted. If the want of due care contributes in any degree to injury it will defeat re covery. Krieger. v. Aurora, E. & C. R. Co., 242 Ill. 544, 547; Carson, Pirie, Scott & Co. v. Chicago Rys. Co., 309 Ill. 346, 352; Bushman v. Calumet & S. C. Ry. Co., 214 Ill. App. 435, 439.

Counsel say they are not able to produce a case presenting a like state of facts where a pedestrian was squeezed between two passenger cars. But on principle we think one injured under the facts in evidence is chargeable with contributory negligence, and the writer thinks it is not distinguishable in principle from Roberts v. Chicago City Ry. Co., 262 Ill. 228, where the injured party attempted to cross from the west to the east side of a street somewhat north of the crosswalk and jumped back to avoid a northbound car and. was struck by a southbound car and killed. The court there said that the vital question in the ease was “whether a reasonably prudent person would have attempted crossing between the approaching cars,” and not whether “the jumping back” was the important question. And here we are constrained to believe that the real question is whether plaintiff was in the exercise of ordinary care for her own safety when she voluntarily and without any necessity for so doing attempted to cross the street a considerable distance from the cross, walk by going in between two crowded, active cars, standing, as the evidence shows, on an operating track during the rush hour with full knowledge that just beyond the narrow space between the cars was another track on which cars moved in the opposite direction. If that was negligence, whether it be of fact or of law, we think the resulting injury followed in an unbroken sequence therefrom. The majority of the court think these were questions of fact as to which the preponderance of the evidence was against the finding and judgment and that, therefore, on reversal the cause should be remanded.

Reversed and remanded,

Ctridley and Fitch, JJ.? concur,


text:
    Palionija Mitchell, Appellee, v. Charles Mitchell and Stanley Mitchell, Appellants.
    Gen. No. 30,557.
    1. Divorce — sufficiency of evidence to support decree for defendant on cross hill charging adultery of complainant. Evidence on a bill for divorce upon the ground of cruelty held to sustain the allegations of defendant husband’s cross bill charging complainant with adultery.
    2. Divorce — propriety of remand for additional proceedings to determine property rights where evidence requires dismAssal of decree for complainant and granting of divorce upon allegations of cross hill, Where the proof adduced in a suit for divorce upon the ground of cruelty, while requiring reversal of a decree for complainant and warranting a decree for defendant husband upon his cross bill alleging complainant’s adultery, showed that defendant husband and his brother had conspired to defraud complainant of her equitable rights in the proceeds of an investment, made in the name of the brother, of funds to which complainant had substantially contributed out of her own property, the cause will be remanded to permit complainant to assert, by answer to the cross bill, her right to share in such proceeds, and to present necessary additional proofs in support thereof, before entry of decree upon the cross bill.
    Appeal by defendants from the Superior Court of Cook county; the Hon. Worth E. Caylor, Judge, presiding. Heard in the second division of this court for the first district at the October term,
    1925.
    Reversed and remanded.
    Opinion filed May 25, 1926.
    Harold O. Mulks, for appellants.
    William S. McNamara, for appellee.
   Mr. Presiding Justice Barnes

delivered the opinion of the court.

This is a joint appeal by the codefendants, Charles and Stanley Mitchell, from a decree of divorce granted to appellee from her husband Charles, on the ground of repeated cruelty, and directing him to pay her alimony and a certain sum for the support of a minor child, and decreeing that both defendants pay the complainant the sum of $3,000 as her interest and share in proceeds from certain real estate, together with interest, aggregating $3,587, and that the cross bill of Charles Mitchell be dismissed for want of equity.

On March 26, 1923, pursuant to leave given, complainant filed what is called an “amended and supplemental bill,” which was answered by both defendants, severally. By order of May 9, 1923, the cross bill “to the original bill of complaint” was allowed to “stand as a cross bill to the original bill of complaint,” and complainant was ruled to answer within 15 days. No additional answer was filed, and the parties evidently treated the order as one allowing the cross bill and answer thereto to stand the same as if the issues were formed after the filing of said amended bill.

The so-called amended and supplemental bill raised no issue that could not have been made by amendment, and is, in fact, merely an amended bill.

Appellant Stanley Mitchell was brought into the case upon the claim that he took title in his own name to a garage received in exchange for real estate belonging to the husband and wife upon an understanding that the three were to be equal partners in the property and the business which he was to conduct therein. The theory of the proceeding was that in a divorce suit the rights of the wife in the real estate of her husband may be determined, and if the rights of third parties are involved in such determination they may be brought before the court and their interest settled. Van Vleet v. De Witt, 200 Ill. 153, 155. In the case cited the wife brought a divorce suit making as a party defendant one who held the legal title to premises owned by the husband only for the purpose of defrauding her of her rights in the real estate. In the case at bar it is not alleged nor does it appear that the third party holds title to any property whatever belonging to the husband. The bill merely seeks an accounting and to trace the proceeds from a piece of real estate conveyed by complainant and her husband for a garage, the title to which was taken in the name of defendant Stanley Mitchell for the benefit) of complainant and the codefendant, and which has since been sold.

Section 17 of the Divorce Act [Cahill’s St. ch. 40, ¶ 18] provides that whenever a divorce is granted, if it shall appear that either party holds the title to property equitably belonging to the other, the court may compel conveyance thereof to be made to the party entitled to the same. But it will be unnecessary for us to consider whether under that section the court could on the facts of this case require an accounting from Stanley Mitchell, for we find it necessary to reverse the decree on other grounds, it clearly appearing by a manifest preponderance of evidence that the cross bill charging complainant with adultery was sustained. For that reason the court erred in dismissing the cross bill and granting relief upon the bill. Zimmerman v. Zimmerman, 242 Ill. 552.

While it appears that the husband was guilty of cruelty to his wife, and that they were separated, it also is shown by the testimony of five witnesses, as against her solitary denial, that she was 'guilty of adultery with one John Mochkus about a year after their separation.

The testimony is to the effect that the landlord, one Erban, in whose house she and said Mochkus were living, apprised her husband on September 6, 1922; that complainant and said Mochkus were in his house sleeping together, and that the husband, accompanied by two policemen and his brother Stanley, went to Erban’s house about 1:30 o’clock or later the following morning and found them in the same bedroom, dressed only in their underclothing, when they were arrested and taken to the police station. We cannot concur in the court’s reasoning for rejecting the force of the testimony given by the two policemen, Erban, and the husband because of minor differences in the testimony when they all agree as to the major and controlling facts. While she claimed the hour was 10 o’clock, and that she was properly dressed on that occasion, yet the testimony of all the other witnesses is that the time was between 1:30 and 3 o ’clock in the morning, and that she was scantily clothed and both were in bed. Her explanation of the man’s presence, that she might tell him about her troubles, is not even plausible.

While upon the proof adduced cross complainant is entitled to a decree of divorce on the ground of adultery, we think in view of the disclosure in the record under allegations in her. bill that she turned over to her husband her accumulations of several years for investment in real estate in their joint names, and that it was so invested and the property had been disposed of, and that her husband and his brother Stanley Mitchell have conspired to defraud her of her equitable rights in the proceeds from such investments, she should still be given an opportunity to assert her rights to the proceeds from such investments. Such •relief was granted in Whetstone v. Whetstone, 169 Ill. App. 171, where a bill of- divorce was filed by the husband on the ground of adultery and the wife was permitted to file a cross bill setting up claims to real estate and personal property acquired as a result of her labors and held in the name or in the possession of the husband. It was there said that in such a case it would not be equitable or just to deprive her of everything and turn practically all of their joint earnings over to the husband.

While we believe the court may under said section 17 of the Divorce Act [Cahill’s St. ch. 40, ¶ 18] grant her relief as to her property rights notwithstanding the husband’s right to divorce, we do not think the defendant Stanley Mitchell can be made a party to such proceeding unless he holds real estate in his name or other property of the husband, to which she has an equitable title. It does not appear in this record that Stanley Mitchell had title to any real estate or other property belonging to the husband or in which he had an interest. If she merely sought an accounting from Stanley Mitchell as a partner or for proceeds from real estate, the title to which was no longer in his name, we think her remedy against him would be by a separate bill in equity.

But the evidence on the subject is very unsatisfactory. While on dismissal of the bill no issues will remain on which a decree can be entered respecting her property rights, we think the opportunity should be given to amend her answer to the cross bill, and if necessary present additional proof upon her joint investments with her husband, before entering a decree of divorce for the husband.

The decree, therefore, will be reversed and the cause remanded with directions for further proceedings in conformity with this opinion.

Reversed and remanded.

Gtridlby and Fitch, JJ., concur.