{
  "id": 2874314,
  "name": "E. H. Johnson, Trustee, Appellee, v. Abraham M. Goldberg et al., trading as A. M. Goldberg & Brothers, Appellants",
  "name_abbreviation": "Johnson v. Goldberg",
  "decision_date": "1915-10-05",
  "docket_number": "Gen. No. 20,915",
  "first_page": "25",
  "last_page": "27",
  "citations": [
    {
      "type": "official",
      "cite": "195 Ill. App. 25"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 189,
    "char_count": 2526,
    "ocr_confidence": 0.544,
    "sha256": "9a978bad1ef5fa70a74fc7c04688e5f34ea8be83fd8386b7cc2c7661abcc604c",
    "simhash": "1:8d629b90b18fb245",
    "word_count": 410
  },
  "last_updated": "2023-07-14T18:42:01.145099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. H. Johnson, Trustee, Appellee, v. Abraham M. Goldberg et al., trading as A. M. Goldberg & Brothers, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1402 \u2014when verdict not sustained. A verdict so inconsistent with the theory of the suit and instructions, and so irreconcilable with the evidence that it cannot be deemed otherwise than a mere compromise cannot be sustained on appeal.\n2. Municipal Court of Chicago, \u00a7 13 \u2014when variance is material. A plaintiff cannot make one claim in his statement of claim and recover on an entirely different claim.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "E. N. Zoline and Morris K. Levinson, for appellants; Morris K. Levinson, of counsel.",
      "Samuel J. Andalman, for appellee; Jacob Cohen, of counsel."
    ],
    "corrections": "",
    "head_matter": "E. H. Johnson, Trustee, Appellee, v. Abraham M. Goldberg et al., trading as A. M. Goldberg & Brothers, Appellants.\nGen. No. 20,915.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1914.\nReversed and remanded.\nOpinion filed October 5, 1915.\nStatement of the Case.\nAction by E. H. Johnson, trustee of the estate of Jacob Shynman, bankrupt, against Abraham M. Goldberg, Philip Goldberg and Morris Goldberg, trading as A. M. Goldberg & Brothers.\nThe original statement of claim averred that defendants agreed to pay Shynman\u2019s creditors $5,022.12, and the amended statement, that they agreed to pay Shynman that sum for the benefit of his creditors.\nThe case was heard and submitted to the jury on the theory that plaintiff could recover only on an agreement by defendants to pay all Shynman\u2019s debts, and that they amounted to said sum.\nPlaintiff\u2019s evidence tended to support his allegations, and defendants\u2019 tended to show that they agreed to pay Shynman only $3,000 for Shynman\u2019s stock and machinery and incumbrances thereon, and that they performed their agreement.\nThe jury evidently accepted defendants\u2019 version of the contract but rejected their claim of payment. The jury were instructed, however, that unless they found the defendants agreed to pay all the debts of Shynman as charged in the statement of claim, they must find against the plaintiff and for defendants, and also that unless they found from the evidence that a definite amount was agreed upon between the parties, their finding should be for defendants. That Shynman\u2019s debts amounted to $5,022.12 was not questioned. The verdict rendered was for $3,000, and the defendants appeal.\nE. N. Zoline and Morris K. Levinson, for appellants; Morris K. Levinson, of counsel.\nSamuel J. Andalman, for appellee; Jacob Cohen, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0025-01",
  "first_page_order": 51,
  "last_page_order": 53
}