{
  "id": 2896404,
  "name": "Charles S. Cook, Defendant in Error, v. Jacob O. Curry and Harlan B. Curry, Conservator, Plaintiffs in Error",
  "name_abbreviation": "Cook v. Curry",
  "decision_date": "1915-03-29",
  "docket_number": "Gen. No. 20,435",
  "first_page": "182",
  "last_page": "185",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 182"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.536,
    "pagerank": {
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    "sha256": "a8212578a9169cbf3fbdbdac8cb6dcf27ed2bfb80aa5d1a04f84f2f3e2acd73e",
    "simhash": "1:90750c4f779e609e",
    "word_count": 1248
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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": [
      "Charles S. Cook, Defendant in Error, v. Jacob O. Curry and Harlan B. Curry, Conservator, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "James L. Clark, for plaintiffs in error.",
      "Adams, Crews, Bobb & Wescott, for defendant in error. ."
    ],
    "corrections": "",
    "head_matter": "Charles S. Cook, Defendant in Error, v. Jacob O. Curry and Harlan B. Curry, Conservator, Plaintiffs in Error.\nGen. No. 20,435.\n(Not to be reported in full.)\nError to the'Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1914.\nAffirmed.\nOpinion filed March 29, 1915.\nStatement of the Case.\nAction by Charles S. Cook against Jacob O. Curry for $564 alleged to be due for rent on a written lease. February 5, 1914, Jacob O. Curry was adjudged by the Probate Court of Cook county to be a feeble-minded person, and Harlan B. Curry was duly appointed to be his conservator, \u201cauthorized and required to have the care of his person and estate.\u201d Harlan B. Curry duly qualified under the appointment and on February 11th appeared in the cause under an order of court that he should so appear and defend the cause as conservator.\nThe evidence shows that on May 11th Jacob O. Curry at Allston, Massachusetts, signed a document presented to him by a firm of renting agents at Allston consisting of George F. Taft and Norman S. Waite. The document was headed \u201cBental Application and Agreement.\u201d The essential parts of the face of the document, which was signed at the foot of said face, as follows:\n\u201cSignature of applicant, J. O. Curry, Lessee (Seal)\nAccepted by, Taft & Waite, Agents for the Owners, \u2019 \u2019 are, after the date\u2014\nName, Jacob O. Curry as Lessee. * * * Family consists of 4 adults, 2 children * * * Applied for\n\u25a0\u2014Suite 1\u201436 Linden St., Allston. Owner, Charles S. Cook, as Lessor. Bent $564 per annum payable $47 monthly. Bent to begin June 1,1909. * * *\nRental Agreement.\nIn making the foregoing application I hereby agree that upon its acceptance by the owner (or Taft and Waite, Agents) I am to hold said premises for the time and upon the conditions specified upon the back hereof, the latter being hereby made a part of this agreement.\u201d\nThe back of the paper was headed:\n\u20186Terms and Conditions oe Bental Agreement.\u201d\nBeneath this heading, besides conditions usual in a lease of an apartment, were the following provisions:\n\u201cLessee agrees to pay rent to Sept. 1, 1910. In the event that Lessee desires to vacate premises at that date, written notice must be given to the Lessor on or before Aug. 1, 1910. Failing so to do, lessee is holden for rent until Sept. 1,1911. If Lessee desires to vacate premises at last mentioned date, written notice must be given to Lessor on or before August. 1, 1911. Failing so to do, Lessee is holden for rent until thirty days notice is given as above outlined, to take effect on September 1, in any year, but this lease shall terminate in any event in twenty years from the date when rent commences.\nThe Lessor may terminate this agreement upon 30 days written notice, to take effect on September 1, in any year at or after Sept. 1, 1910, but without waiving any right of the Lessor to terminate for a breach of any of the other terms and conditions specified herein. \u2019 \u2019\nThe evidence further shows that after the execution of this document, Jacob O. Curry, whose family at the time consisted of himself, his wife, his son, Oakley Curry, his daughter, Elsie Curry, and a widowed daughter, Mrs. Blair, and her two children, moved into the premises. He lived there with the family before described until April 6,1911, when he, and his wife and daughter Elsie Curry left the premises and came to Chicago, bringing their household goods with them. He left in the premises his son Oakley and his daughter Mrs. Blair with her children.\nJacob O. Curry when about to leave told Mr. Taft that business called him to Chicago and he and his wife were going there; that he might be gone one month and he might be gone six months, and that the rent in the meantime would be paid by his son, and if it was not, he (Jacob O. Curry) was perfectly good for it.\nJacob O. Curry did not return to the premises, but his son and Mrs. Blair and her children continued to occupy the apartments until September 1, 1913. Up to September 1, 1912, the rent was paid by the son or daughter. Monthly bills were sent each month to Jacob O. Curry, suite 1\u201436 Linden Street, Allston, and the son, Mr. Taft testified, \u201cused to drop in occasionally and either say he was short or else he would pay.\u201d From September 1, 1912, to September 1, 1913, at which last mentioned date Oakl.ey Curry and Mrs. Blair and family moved out, no rent was paid.\nIn answer to the question put to Mr. Taft: \u201cWill you state the circumstances under which tlie occupation of the premises ceased on September 1, 1913, by Mr. Curry\u2019s children?\u201d he answered, \u201cThey simply moved.\u201d\nJacob O. Curry never at any time gave a notice of his election to terminate the lease in accordance with its provisions, and no arrangement was made by the plaintiff or by any one for him with anybody but Jacob O. Curry regarding the tenancy in question.\nTo reverse a judgment for plaintiff for $564, defendants prosecute this writ of error.\nJames L. Clark, for plaintiffs in error.\nAdams, Crews, Bobb & Wescott, for defendant in error. .\nAbstract of the Decision.\n1. Insane persons, \u00a7 7 \u2014when order to conservator to appear and defend action against ward proper. Where a conservator has been duly appointed by the Probate Court of Cook county to be the conservator of a person adjudged to be feeble-minded and \u201cauthorized and required to have the care of his person and estate\u201d and has duly qualified under the appointment, an. order of the court that he appear and defend as conservator, an action brought against his incompetent in the Municipal Court of Chicago before his appointment, is sufficient, even though it does not in terms make the conservator \u201ca party defendant.\u201d \u2022\n2. Principal and agent, \u00a7 189*\u2014when lease by agent ratified by owner. Where the owner of the property allows one entering into a lease with the owner\u2019s agents, which the tenant signs, to take possession under the lease and recognizes his tenancy, there is a sufficient ratification of the agents\u2019 act, even though the lease is signed not by the owner, but in the name of the agents, followed by the words \u201cagents for the owners.\u201d\n3. Frauds, Statute of, \u00a7 77*\u2014when signature of tenant sufficient. To comply with the Statute of Frauds, it is not necessary that a lease be signed by both landlord and tenant, but the tenant\u2019s signature is sufficient.\n4. Landlord and tenant, \u00a7 449*\u2014when liability of tenant continued. . A tenancy from month to month is not terminated by the departure of the tenant where members of his family left there by him continue to occupy the premises.\n5. Witnesses, \u00a7 116*\u2014when disqualification not applicable to plaintiff's agents in action against defendant as conservator. Where an action for rent is brought against one who is thereafter adjudged feeble-minded and for whom a conservator appears and defends, the agents who negotiated the lease for plaintiff and who signed it as his agents are not incompetent as witnesses as being \u201cdirectly interested.\u201d\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0182-01",
  "first_page_order": 206,
  "last_page_order": 209
}