{
  "id": 2905433,
  "name": "John F. Devine, Administrator, Defendant in Error, v. Andrew Bickel, Plaintiff in Error",
  "name_abbreviation": "Devine v. Bickel",
  "decision_date": "1914-10-08",
  "docket_number": "Gen. No. 19,292",
  "first_page": "116",
  "last_page": "118",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 116"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 234,
    "char_count": 3541,
    "ocr_confidence": 0.52,
    "sha256": "fad3b089daa74bf474963181e649e50f5d8b2cf40227de32dea029496d95e927",
    "simhash": "1:7e47f01ee42d148c",
    "word_count": 617
  },
  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John F. Devine, Administrator, Defendant in Error, v. Andrew Bickel, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scanlan\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Scanlan"
      }
    ],
    "attorneys": [
      "Caswell & Healy, for plaintiff in error.",
      "John M. Bryant, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "John F. Devine, Administrator, Defendant in Error, v. Andrew Bickel, Plaintiff in Error.\nGen. No. 19,292.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Hugh J. Kearns, 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 John F. Devine, administrator of the estate of Martin Podpecan, deceased, against Andrew Bickel in the Municipal Court of Chicago to recover three hundred dollars, with interest, loaned by the deceased to defendant. It was alleged in the statement of claim that the defendant gave the deceased, at the time of the loan, a promissory note to evidence the loan; that the note had been lost; that it was never indorsed or transferred by the deceased, and that there was due on the same $333; and the plaintiff offered a bond to the defendant in double the amount due, to hold him harmless from further payment of the said note, as by statute in such case made and provided. The defendant, in his affidavit of merits, admitted the making of the said note, and that the same had never been paid, and he offered to pay the same upon production, cancellation and surrender thereof.\nThe case was tried by the court without a jury. The plaintiff made proof tending to establish the loss of the note and then tendered to the defendant in open court an indemnity bond as provided for by section 14, ch. 98, Hurd\u2019s R. S., J. & A. \u00b6 7637, in the sum of $666, with sureties to be approved by the court, but the defendant refused to accept the bond. The court found the issues for the plaintiff and entered judgment on the finding. To reverse the judgment, defendant prosecutes a writ of error.\nThe defendant contended that the note in question was adapted to circulation by an indorsement thereon, and for that reason absolute proof that the note was actually lost or destroyed was necessary to entitle the plaintiff to a judgment; that the evidence in the case does not show absolutely that the note was lost or destroyed, nor. that the deceased owned the note at the time of his death. The defendant further contended that the proof did not show that the deceased had not indorsed the note.\n117\nAbstract of the Decision.\n1. Lost instruments, \u00a7 14a \u2014sufficiency of proof to establish loss or destruction of note. Since the enactment of section 14, ch. 98, Hurd\u2019s R. S., J. & A. \u00b6 7637, empowering the court to protect the-maker of -a lost note by requiring the plaintiff to execute an indemnity bond, the plaintiff is not required to prove absolutely the-loss or destruction of the note in cases where it is not shown that it was not adapted to circulation by an indorsement thereon, and proof which reasonably shows its loss is sufficient.\n2. Lost instruments, \u00a7 9 \u2014effect of refusal of tender of indemnity bond. Where in an action on a lost note there was proof sufficient to reasonably show that the note was Tost, and defendant,, though admitting the indebtedness, refused a tender of an indemnity bond as provided by section 14, ch. 98, Hurd\u2019s R. S., J. & A. \u00b6 7637, the court on entering judgment against him is not required\u2019 to order the plaintiff to execute such bond, and defendant cannot thereafter complain \u00bfhat he may suffer loss through the note.\nCaswell & Healy, for plaintiff in error.\nJohn M. Bryant, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same-topic and section number."
  },
  "file_name": "0116-01",
  "first_page_order": 142,
  "last_page_order": 144
}