{
  "id": 2828292,
  "name": "The Title Guaranty and Surety Company, Appellee, v. W. J. Turnes, Appellant",
  "name_abbreviation": "Title Guaranty & Surety Co. v. Turnes",
  "decision_date": "1913-10-09",
  "docket_number": "Gen. No. 17,959",
  "first_page": "23",
  "last_page": "24",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 23"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 159,
    "char_count": 2243,
    "ocr_confidence": 0.56,
    "sha256": "3b7c7791b54f16a200c2fc8cc11820c25c16c46f35c29ba5a911d703d8357b28",
    "simhash": "1:5f6aa98641ac5911",
    "word_count": 376
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Title Guaranty and Surety Company, Appellee, v. W. J. Turnes, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\n3. Corporations, \u00a7 305*\u2014when judgment not res adjudicata on question of officer\u2019s liability. Judgment against a pretended corporation on its bond is not res adjudicata on question who is liable on a contract executed by its officer in the name of the corporation to indemnify a surety on the bond.\n4. Indemnity, \u00a7 8*-\u2014words in contract construed. In a contract to indemnify a surety on a bond bearing a date subsequent to that of the contract, the words \u201cby reason of its having executed said bond\u2019\u2019 refer to a future time when surety may sustain loss.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "James Hibben, for appellant.",
      "Sheriff, Dent, Dobyns & Freeman, for appellee."
    ],
    "corrections": "",
    "head_matter": "The Title Guaranty and Surety Company, Appellee, v. W. J. Turnes, Appellant.\nGen. No. 17,959.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Corporations, \u00a7 305 \u2014when officer of pretended corporation is personally liable. Under J. &. A. T[ 2435, Hurd's R. S. Ch. 32, \u00a7 18, an officer executing a contract in the name of a pretended corporation to indemnify a person becoming surety on a bond of such corporation is personally liable to such surety for reimbursement, though recovery on the bond was not against such officer personally.\n2. Corporations, \u00a7 320*\u2014proof to establish personal liability of officer. To recover against an officer for liabilities contracted by him in the name of a pretended corporation, plaintiff must prove that defendant acted as officer of the corporation, that there was no such corporation and that such officer contracted in the name of the corporation.\nAppeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.\nAffirmed.\nOpinion filed October 9, 1913.\nStatement of the Case.\nAction by The Title Guaranty and Surety Company, a corporation, against W. J. Turnes to enforce the personal liability of the defendant as an officer of a pretended corporation, under Hurd\u2019s R. S. ch. 32, \u00a7 18, J. & A. H 2435, on a contract of indemnity made by defendant in the name of such corporation. From a judgment for plaintiff, defendant appeals.\nJames Hibben, for appellant.\nSheriff, Dent, Dobyns & Freeman, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0023-01",
  "first_page_order": 47,
  "last_page_order": 48
}