{
  "id": 2891443,
  "name": "Douglas State Bank, Appellee, v. S. A. Lewinsohn, Appellant",
  "name_abbreviation": "Douglas State Bank v. Lewinsohn",
  "decision_date": "1915-04-26",
  "docket_number": "Gen. No. 19,953",
  "first_page": "364",
  "last_page": "365",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 364"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 198,
    "char_count": 2582,
    "ocr_confidence": 0.529,
    "pagerank": {
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      "percentile": 0.4914375316862103
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    "sha256": "1e057327cea8059b278ca72fedc10eb6a5e6301780b08cd78c7966d30c2f9c0b",
    "simhash": "1:a56fc6271522f8da",
    "word_count": 442
  },
  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Douglas State Bank, Appellee, v. S. A. Lewinsohn, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.\nThis is an appeal from a judgment of the Municipal Court of Chicago for $1,030.84, entered July 7, 1913, against S. A. Lewinsohn, the appellant herein, in an action of the first class brought by the Douglas State Bank.\nThe suit was brought on a promissory note for $1,000 and interest, signed by Lewinsohn and running to the Douglas State Bank.\nThe defendant filed several affidavits of merits and set-off, one after another, each under the practice of the Municipal Court having been stricken on the ground that they stated no defense or ground of set-off. On the striking of the last one the defendant elected \u201cto stand by his affidavit of merits and statement of set-off\u201d and thereupon he was defaulted, a jury was called to assess the damages and on snch assessment the judgment herein appealed from was rendered.\nThe question therefore is whether the statement and affidavit of the defendant filed June 11, 1913 (which was the last one filed), stated a defense. We are clearly of the opinion it did not. The \u201cdefense\u201d was an alleged \u201cset-off\u201d of $2,000. This $2,000 was alleged to be due from the Bank to Lewinsohn because promised to him for temporarily depositing $15,000 or more with the plaintiff Bank, so as to \u201cshow a substantial increase in its business\u201d in order on such showing to effect a sale to or consolidation with another bank.\n. The contract, if there was such a contract, between the plaintiff and defendant was an immoral one for the deception and defrauding of a third person, and no right to the compensation accrued t\u00f3 the defendant under it which courts will enforce.\nThe judgment of the Municipal Court of Chicago is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "Leslie H. Whipp, for appellant.",
      "Clyde C. Fisher, for appellee."
    ],
    "corrections": "",
    "head_matter": "Douglas State Bank, Appellee, v. S. A. Lewinsohn, Appellant.\nGen. No. 19,953.\nContracts, \u00a7 134 \u2014when illegal. In an action on a note, an alleged set-off of a certain sum of money promised the payee for making a temporary deposit in the bank of the plaintiff for the purpose \u201cof showing a substantial increase in its business,\u201d in order to effect a sale or consolidation with another bank, will not be considered, since such a contract was immoral and made for the purpose of deceiving and defrauding a third person.\nAppeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in this court at the October term, 1913.\nAffirmed.\nOpinion filed April 26, 1915.\nLeslie H. Whipp, for appellant.\nClyde C. Fisher, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0364-01",
  "first_page_order": 388,
  "last_page_order": 389
}
