{
  "id": 2843502,
  "name": "Edwin S. Popper and Emil L. Popper, Appellees, v. Frederick W. Spelz, Appellant",
  "name_abbreviation": "Popper v. Spelz",
  "decision_date": "1913-12-02",
  "docket_number": "Gen. No. 18,817",
  "first_page": "35",
  "last_page": "36",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 35"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 170,
    "char_count": 2073,
    "ocr_confidence": 0.558,
    "pagerank": {
      "raw": 2.0446031217563963e-07,
      "percentile": 0.7518965391418573
    },
    "sha256": "283747c70f5a4829d71e36a2d48bbddc5579b1378051572453a01f515382712f",
    "simhash": "1:129aa33540591199",
    "word_count": 353
  },
  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Edwin S. Popper and Emil L. Popper, Appellees, v. Frederick W. Spelz, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Clark\ndelivered the opinion of the court.\n2. Guaranty, \u00a7 3 \u2014when officer of corporation not liable. An officer of a corporation refused to sign a form guarantying payment of the corporation\u2019s order hut marked the order with the letters \u201cO. K.,\u201d and his clerk without authority wrote the seller in his name, the seller that the \u201cO. K..\u201d would have to suffice as a guaranty. The alleged guarantor testified the clerk had no authority to write such letter, that it was not written in accordance with the directions given and that he marked the order as an approval. Held, a guaranty was not established and a verdict should have been directed.\n3. Guaranty, \u00a7 12 \u2014scope of liability. The liability of a guarantor is limited to the express terms of his undertaking and cannot be extended by implication.",
        "type": "majority",
        "author": "Mr. Justice Clark"
      }
    ],
    "attorneys": [
      "Edwin L. Waugh, for appellant.",
      "William J. Stapleton, for appellees."
    ],
    "corrections": "",
    "head_matter": "Edwin S. Popper and Emil L. Popper, Appellees, v. Frederick W. Spelz, Appellant.\nGen. No. 18,817.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Guaranty, \u00a7 3 \u2014when letters \u201cO. K.\u201d are not. The letters \u201cO. K.\u201d written by an officer on an order given by the corporation do not of themselves constitute a contract of guaranty, and will be understood generally as meaning that the order had the approval of the officer whose name appears.\nAppeal from the County Court of Cook county; the Hon. Virgil W. Mills, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nReversed.\nOpinion filed December 2, 1913.\nRehearing denied December 16, 1913.\nStatement of the Case.\nAction by Edwin S. Popper and Emil L. Popper, partners, trading as Leo Popper & Sons, against Frederick W. Spelz upon an alleged guaranty of payment of an order made by a corporation which the corporation had given the plaintiffs, the defendant being an officer of the corporation. From a judgment for plaintiffs for $221.58, defendant appeals.\nEdwin L. Waugh, for appellant.\nWilliam J. Stapleton, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number.\nSee Illinois Notes Digest, Vols. Xl to XV, same topic and section number."
  },
  "file_name": "0035-01",
  "first_page_order": 59,
  "last_page_order": 60
}