{
  "id": 2907708,
  "name": "Louis Kushner, Defendant in Error, v. Louis Perlman, Plaintiff in Error",
  "name_abbreviation": "Kushner v. Perlman",
  "decision_date": "1914-10-08",
  "docket_number": "Gen. No. 19,753",
  "first_page": "59",
  "last_page": "60",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 59"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 211,
    "char_count": 2693,
    "ocr_confidence": 0.54,
    "sha256": "a46495193c822f47feeaf8ade47c43abea3d8810a040bb1f116cb5b1768e91da",
    "simhash": "1:c313ed78d90acafe",
    "word_count": 455
  },
  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Louis Kushner, Defendant in Error, v. Louis Perlman, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "Max Krauss, for plaintiff in error.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Louis Kushner, Defendant in Error, v. Louis Perlman, Plaintiff in Error.\nGen. No. 19,753.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nAffirmed.\nOpinion filed October 8, 1914.\nStatement of the Case.\nAction by Louis Kushner, against Louis Perlman to recover a sum of money loaned to defendant.\nThe facts showed that plaintiff had been employed as a salesman in defendant\u2019s shoe store for a number of years and that he had at various times during such period loaned the defendant money, until the amount totaled six hundred dollars. Defendant in borrowing the money had promised to pay it back at any time on demand, but when plaintiff asked him for it defendant asked for more time, promising to repay it on a certain day. When that day arrived, defendant, instead of repaying the loan, charged the plaintiff with theft, and refused to pay. At that time defendant had a lawyer present who asked plaintiff to explain two small discrepancies upon one of the cash register slips for that day. The lawyer called a policeman, and upon plaintiff begging not to be locked up the defendant replied he would let it go until Monday.\nAbstract of the Decision.\n1. Accord and satisfaction, \u00a7 3 \u2014when agreement to accept less than sum due invalid. An agreement to accept three hundred dollars in full settlement of six hundred dollars due on a loan, held not binding for want of a consideration therefor. '\n2. Appeal and error, \u00a7 1512 \u2014when remarks of court not reversible error. Strong language of a trial judge in deciding a case, held not in itself sufficient to reverse a judgment which is clearly right upon the merits.\nThe next day plaintiff and defendant went to the lawyer\u2019s office where plaintiff signed a document purporting to be an admission of \"the charge of withholding funds, and an agreement on plaintiff\u2019s part to accept three hundred dollars .from defendant in full settlement of the six hundred dollars due from defendant. Thereupon the defendant\u2019s lawyer gave the plaintiff his (the lawyer\u2019s) -check for three hundred dollars. This check was never used.\nThe plaintiff sued for the full amount due him and defendant relied on the plaintiff\u2019s agreement as an accord and satisfaction. From a finding and judgment in favor of plaintiff for the full amount of six hundred dollars, defendant prosecutes a writ of error.\nMax Krauss, for plaintiff in error.\nNo appearance for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0059-01",
  "first_page_order": 85,
  "last_page_order": 86
}
