{
  "id": 2853423,
  "name": "Alfred E. Croft, Plaintiff in Error, v. Samuel E. Beecher, Defendant in Error",
  "name_abbreviation": "Croft v. Beecher",
  "decision_date": "1914-04-01",
  "docket_number": "Gen. No. 18,541",
  "first_page": "622",
  "last_page": "624",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 622"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 325,
    "char_count": 4479,
    "ocr_confidence": 0.524,
    "sha256": "acddbd68eb5f5699daa61d89db926a7dddf827d7991fd6118bda72f864c979ce",
    "simhash": "1:497adbd1f3ddda27",
    "word_count": 738
  },
  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Alfred E. Croft, Plaintiff in Error, v. Samuel E. Beecher, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Graves\ndelivered the opinion of the court.\n3. Bills and notes, \u00a7 100 \u2014essentials to negotiability. In order that an instrument shall be negotiable it must amount to an independent promise to pay at all events, at a certain time, to a definite person, a definite amount without condition.\n4. Bills and notes, \u00a7 129 \u2014sufficiency of indorsement to transfer negotiable instrument. An assignment of a negotiable instrument by a written indorsement of the agents of the owner without signing as agents of the owner, held not to transfer title.\n5. Appeal and ebbor, \u00a7 969 \u2014when certificate of stock not presented for review. A certificate of stock cannot be considered on review where it was not introduced in evidence or in some way preserved in the record.\n6. Contracts, \u00a7 358 \u2014when affidavit of merits insufficient to put in issue execution of instrument. An affidavit of merits stating that \u201csaid alleged contract was never fully executed\u2019\u2019 because a certain payment was not made, held not to put in issue the execution of the contract.",
        "type": "majority",
        "author": "Mr. Presiding Justice Graves"
      }
    ],
    "attorneys": [
      "Samuel Shaw Parks, for plaintiff in error.",
      "Ela, Grover, March & Eckert, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Alfred E. Croft, Plaintiff in Error, v. Samuel E. Beecher, Defendant in Error.\nGen. No. 18,541.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed April 1, 1914.\nStatement of the Case.\nAction by Alfred E. Croft against Samuel E. Beecher to recover an amount claimed to be due on a subscription agreement for stock. The agreement was signed by the defendant and assigned to the plaintiff. To reverse a judgment in favor of defendant, plaintiff brings error.\nThe instrument sued on is set out as follows:\n\u201cApplication Blank No.......\nPar Value $1.00 per share.\nDated, Sept. 22nd, 1910.\nNo stock sold Less Than Par.\nSubscription for Capital Stock\nProfessional Investment Company.\nTo Messrs. Pratt and Company,\nFiscal Agents,\n79 Dearborn Street, Chicago.\nYou are hereby authorized and empowered to purchase for me, 100 shares of the common stock of the Professional Investment Company, for which I agree to pay to your order, the sum of One Hundred Dollars, payable in the following manner, to-wit; $10.00 down and $10.00 per month until paid for.\nSPECIAL NOTICE.\nAll payments on account of this subscription must be in New York or Chicago Exchange drafts or Post Office Orders made payable to the Professional Investment Co. care of Messrs. Pratt & Co., Fiscal Agents.\nSamuel E. Beecher.\nApplicants Name in full.\n1021 Masonic Temple.\nAddress.\u201d\nAbstract of the Decision.\n1. Contracts, \u00a7 192 \u2014when memorandum following signature or appearing on baclc of instrument construed as part of the agreement. In construing a contract any memorandum either following the signature or on the back or margin of the instrument, made by the agreement of the parties or with their knowledge and acquiescence, contemporaneously with its execution must be treated as forming part of the contract, the same as if it was in the body of the instrument; and where there is no claim or proof that such memorandum was not on the instrument when it was executed and delivered, it will be presumed to have been made contemporaneously with the instrument.\n2. Corporations, \u00a7 113 \u2014assignability of subscription agreement for stoclc. A subscription agreement for stock in which payment tor the stock is conditioned upon the issuance of the stock, held not a negotiable instrument so that upon assignment thereof the assignee would acquire a legal interest enforceable in courts of law.\nOn the back of this instrument the following appears :\n\u201cIn receiving this subscription, the Fiscal Agents, their agents or employes, or companies they represent, make no statements or representations other than what appears in the printed literature issued by the companies which speak for themselves.\nNo contract, agreement or statement made by our agents or employes are valid, other than written in this blank and approved of by the secretary to the company in writing.\nMessrs. Pratt & Company,\nFiscal Agents.\nFor value received, the within contract and all the payments due or to become due thereunder are hereby assigned to Alfred B. Croft.\n(Signed) PEAT.T AND COMPANY.\u201d\nSamuel Shaw Parks, for plaintiff in error.\nEla, Grover, March & Eckert, for defendant in error.\nSee Illinois Notes Digest, Yols. XI to XV, same topic and section number.\nSee Illinois put! o\u00eddo) ornes \u2018AX \u00b0I IX 'SPA \u2018\u00edsoSiq sojo.fi siomni eog*"
  },
  "file_name": "0622-01",
  "first_page_order": 648,
  "last_page_order": 650
}