{
  "id": 2851821,
  "name": "United Breweries Company, Plaintiff in Error, v. G. Bernard Anderson, Administrator, and Edward Swartz, Defendant in Error",
  "name_abbreviation": "United Breweries Co. v. Anderson",
  "decision_date": "1914-03-10",
  "docket_number": "Gen. No. 19,197",
  "first_page": "386",
  "last_page": "387",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 386"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 200,
    "char_count": 2446,
    "ocr_confidence": 0.521,
    "sha256": "3bd175a00ceca712ffa5d1a38b136845c30cebb4f169716d166c3a4759b8aa66",
    "simhash": "1:47674a01330d9859",
    "word_count": 398
  },
  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "United Breweries Company, Plaintiff in Error, v. G. Bernard Anderson, Administrator, and Edward Swartz, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Rubens, Fischer & Mosser, for plaintiff in error.",
      "Anderson, Anderson & Anderson, for defendants in error."
    ],
    "corrections": "",
    "head_matter": "United Breweries Company, Plaintiff in Error, v. G. Bernard Anderson, Administrator, and Edward Swartz, Defendant in Error.\nGen. No. 19,197.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. David Stnxivan, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1913.\nReversed and remanded.\nOpinion filed March 10, 1914.\nStatement of the Case.\nAction by United Breweries Company, a corporation, against Q-. Bernard Anderson, administrator of the estate of Alfred Kinell, \u25a0 d Edward Swartz, for the conversion of certain saloon fixtures which the undisputed evidence in the record shows the plaintiff owned. The verdict was for defendant and the judgment against plaintiff for costs. To reverse the judgment, plaintiff prosecutes a writ of error.\nAbstract of the Decision.\n1. Tboveb and convebsion, \u00a7 38 \u2014admissibility of evidence. In an action for the conversion of certain saloon fixtures, evidence that the defendant\u2019s intestate took out two fire insurance policies on the property in his lifetime, held to amount to nothing more than self-serving declarations, and incompetent on issue of ownership.\n2. Limitation of actions, \u00a7 120 \u2014when question whether statute had run should not be submitted to jury by instructions. Where the undisputed evidence shows the statute of limitations has not run, it is error for the court, under its instructions, to leave to the jury as a matter of fact whether it had run.\n3. Municipal Coubt of Chicago, \u00a7 29 \u2014when rules of court not presented for review. Appellate Court cannot take judicial notice of a rule of the Municipal Court as to the practice in such court with reference to objections, to oral instructions, where such rule does not appear in the record.\nThe testimony in plaintiff\u2019s behalf was in substance that it owned said fixtures and that it allowed Alfred Kinell, since deceased, to use them as long as he purchased its beer; that such arrangement was in force when he died; that Anderson, after the administration of the estate, took possession of the property and inventoried it among the assets, and refused to deliver up the same to plaintiff on its demand, and subsequently sold it to defendant Swartz.\nRubens, Fischer & Mosser, for plaintiff in error.\nAnderson, Anderson & Anderson, for defendants in error.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0386-01",
  "first_page_order": 412,
  "last_page_order": 413
}