{
  "id": 2660174,
  "name": "David C. Herndon, Defendant in Error, v. Germania Mutual Savings Society, Plaintiff in Error",
  "name_abbreviation": "Herndon v. Germania Mutual Savings Society",
  "decision_date": "1909-01-26",
  "docket_number": "Gen. No. 14,321",
  "first_page": "401",
  "last_page": "403",
  "citations": [
    {
      "type": "official",
      "cite": "146 Ill. App. 401"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 214,
    "char_count": 3113,
    "ocr_confidence": 0.494,
    "pagerank": {
      "raw": 4.7817273071113374e-08,
      "percentile": 0.3005987993894625
    },
    "sha256": "1b034aa986d5fe9d80a7c4110671609f2934278ac1b7aa50e344d659a251c459",
    "simhash": "1:b546db5de1ef3eb8",
    "word_count": 514
  },
  "last_updated": "2023-07-14T20:03:54.613219+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David C. Herndon, Defendant in Error, v. Germania Mutual Savings Society, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\nIn an action of the fourth class in the Municipal Court plaintiff had judgment against the defendant for $584.25, to reverse which the defendant prosecutes this writ of error. Plaintiff\u2019s \u201cStatement of claim\u201d is as follows:\n\u201cPlaintiff claim is for six hundred & six dollars & fifty-eight cents being balance due him as salary for services as secretary of Defendant Company Germania Mutual 'Saving Society (a corporation) the date of which said services commenced on January 15\u201d 1906 and continued until Aug. 20\u201d 1906 said balance is the amount due after all proper & just credits have been allowed.\u201d\nIt appears from the evidence that there are two corporations, each under the name of the \u201cGermania Mutual Savings Society.\u201d One of said corporations, called by the witnesses the \u201cold company,\u201d was incorporated under the laws of Arizona in 1905; the other, called by the witnesses the \u201cnew company,\u201d was incorporated under the laws of Arizona in 1901 under the name of the Boanoke Investment Company. May 9, 1906, by resolution of the stockholders, ratified by the board of directors of said Boanoke Company, its name was changed to the Germania Mutual Savings Society. August 20, 1906, the \u201cnew company\u201d began to do business in Chicago.\nThe evidence for the plaintiff tended to show that the \u201cold company\u201d was indebted to plaintiff in the sum of $584.25 for services rendered by him to that company from January 15 to August 20, 1906, and that the \u201cnew company\u201d was indebted to him in a small amount, less than forty dollars, for services rendered by bim to that company after August 20, 1906. The recovery was therefore against the \u201cnew company\u201d for services rendered by the plaintiff to the \u201cold company.\u201d\nDefendant in error has filed no brief.\nWe are unable, from an examination of the record, to discover any ground upon which such recovery can be sustained.\nThe court instructed the jury as follows, \u201cunless you believe from a preponderance of the evidence that the defendant, (the 4new company\u2019) expressly assumed the liabilities of the Germania Mutual Savings Society of Arizona, (the 6old company\u2019) then your verdict will he for the defendant. \u2019 \u2019\nWe find in the record no evidence tending to prove that the \u201cnew company\u201d expressly assumed the liabilities of the \u201cold company,\u201d and no facts proven from which such assumption can be inferred or implied.\nThe judgment will be reversed and the cause remanded.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Cratty Bros. & Jarvis, and Charles S. Knudson, for plaintiff in error.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "David C. Herndon, Defendant in Error, v. Germania Mutual Savings Society, Plaintiff in Error.\nGen. No. 14,321.\nVerdict\u2014when set aside. A verdict rendered against a party who does not appear by the evidence to have assumed in anywise the obligation of payment sought to be enforced, will be reversed.\nAssumpsit. Error to the Municipal Court of Chicago; the Hon. John W. Houston, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1908.\nReversed and remanded.\nOpinion filed January 26, 1909.\nCratty Bros. & Jarvis, and Charles S. Knudson, for plaintiff in error.\nNo appearance for defendant in error."
  },
  "file_name": "0401-01",
  "first_page_order": 443,
  "last_page_order": 445
}