{
  "id": 2853485,
  "name": "Fred E. Jahp, Defendant in Error, v. Thomas E. D. Bradley and John T. Lillis, Executors, Plaintiffs in Error",
  "name_abbreviation": "Jahp v. Bradley",
  "decision_date": "1914-02-27",
  "docket_number": "Gen. No. 18,489",
  "first_page": "215",
  "last_page": "216",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 215"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2582,
    "ocr_confidence": 0.519,
    "pagerank": {
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      "percentile": 0.4808807386067682
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    "sha256": "f6feb839e34d1f66befda8e4d654c06f7416ca73f323aaeb27061605abf8062b",
    "simhash": "1:6e176a97380bc199",
    "word_count": 425
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  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Fred E. Jahp, Defendant in Error, v. Thomas E. D. Bradley and John T. Lillis, Executors, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McSurely\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice McSurely"
      }
    ],
    "attorneys": [
      "Samuel A. Harper, for plaintiff in error.",
      "Patrick F. Murray, for defendant in error; John T. Murray, of counsel."
    ],
    "corrections": "",
    "head_matter": "Fred E. Jahp, Defendant in Error, v. Thomas E. D. Bradley and John T. Lillis, Executors, Plaintiffs in Error.\nGen. No. 18,489.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. Joseph Sabath, Judge, presiding.\nHeard in this court at the October term, 1912.\nReversed and remanded.\nOpinion filed February 27, 1914.\nStatement of the Case.\nAction by Fred E. Jahp, doing business as Fred E. Jahp & Company, against Thomas E. D. Bradley and John T. Lillis, executors of the estate of Augusta R. FitzSimons, deceased, to recover for feed furnished for two horses belonging to the estate. The claim is for three months\u2019 feed delivered after the death of the deceased. From a judgment in favor of plaintiff against the executors \u201cto be paid in due course of administration,\u201d the executors prosecute a writ of error.\nAbstract of the Decision.\n1. Executors and administrators, \u00a7 498 \u2014when judgment against executor in Ms representative capacity improper. In an action against executors to recover for horse feed furnished after the death of the testator for horses belonging to the estate, a judgment for plaintiff entered against the defendants as executors to be paid in due course of administration, held improper.\n2. Executors and administrators, \u00a7 489 \u2014when executor must be sued in Ms individual capacity. No action will lie against an executor in his representative character upon a claim which accrued subsequent to the death of the testator. The general rule is that no action will lie aguinst an executor or administrator in his representative character except upon some claim or demand which existed against the testator or intestate in his lifetime, and if a claim or demand accrues in the time of the executor or administrator he is liable therefor only in his personal character.\n3. Executors and administrators, \u00a7 115 \u2014personal liability on contracts for benefit of estate. Contracts of executors and administrators, although made in the interest and for the benefit of the estate they represent, if made upon a new and independent consideration moving between their promisee and themselves, are their personal contracts, which do not hind the estate, and they must be sued thereon in their individual capacity. The fact that they are described in a contract as representatives does not affect the rule.\nSamuel A. Harper, for plaintiff in error.\nPatrick F. Murray, for defendant in error; John T. Murray, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0215-01",
  "first_page_order": 241,
  "last_page_order": 242
}