{
  "id": 2889174,
  "name": "William Eckert, Defendant in Error, v. Edward H. Marhoefer et al., Plaintiffs in Error",
  "name_abbreviation": "Eckert v. Marhoefer",
  "decision_date": "1915-03-29",
  "docket_number": "Gen. No. 19,094",
  "first_page": "154",
  "last_page": "155",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 154"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "185 Ill. App. 360",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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    {
      "cite": "184 Ill. App. 66",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2842972
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/184/0066-01"
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  "analysis": {
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    "simhash": "1:5b5799b6143b53ec",
    "word_count": 359
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  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William Eckert, Defendant in Error, v. Edward H. Marhoefer et al., Plaintiffs in Error"
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Partnebship, \u00a7 1144 \u2014when partner not liable for antecedent indebtedness of other member. Where the only evidence showing the formation of a partnership on an alleged indebtedness of which it is sought to hold defendants liable as partners shows that the alleged partnership was entered into on September 1, 1911, while the contract on which plaintiffs claim is based is shown to have been entered into in July, 1911, and to have been entirely or substantially completed before September 1, 1911, defendants are not liable.\n2. Payment, \u00a7 6*\u2014when action will not lie by original holder after negotiation of note. One who takes a note of his debtor in payment and disposes of it to a presumably innocent purchaser cannot, while the note is outstanding, recover a judgment against the maker on the original indebtedness.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "Bunge, Harbour & Chadwick, for plaintiffs in error.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "William Eckert, Defendant in Error, v. Edward H. Marhoefer et al., Plaintiffs in Error\nGen. No. 19,094.\n(Not to be reported in full.)\nError to the County Court of Cook county; the Hon. David T. Smiley, Judge, presiding. Heard in this court at the March term, 1913.\nReversed and remanded.\nOpinion filed March 29, 1915.\nStatement of the Case.\nAction by William Eckert, plaintiff, against Edward H. Marhoefer, Wellington T. Stewart and William A. Thompson, defendants.\nThe action involves collaterally the contract between Wellington T. Stewart, William A. Thompson and Edward H. Marhoefer, described in the opinion in Hoffman v. Stewart, 184 Ill. App. 66, and in the opinion in Cross & Banta Show Printing Co. v. Marhoefer, 185 Ill. App. 360.\nThe contract on which the action is founded was entered into in'July, 1911, and was completed before September 1st.\nThe only contract of partnership between defendant and the persons who claimed to have incurred the liability as partners introduced in evidence was dated September 1, 1911.\nTo reverse a judgment for plaintiff, defendants prosecute this writ of error.\nBunge, Harbour & Chadwick, for plaintiffs 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": "0154-01",
  "first_page_order": 178,
  "last_page_order": 179
}