{
  "id": 2875788,
  "name": "L. W. Hubbell Fertilizer Company, Defendant in Error, v. D. Jacobellis, Plaintiff in Error",
  "name_abbreviation": "L. W. Hubbell Fertilizer Co. v. Jacobellis",
  "decision_date": "1915-12-06",
  "docket_number": "Gen. No. 21,184",
  "first_page": "410",
  "last_page": "413",
  "citations": [
    {
      "type": "official",
      "cite": "195 Ill. App. 410"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 279,
    "char_count": 4995,
    "ocr_confidence": 0.566,
    "pagerank": {
      "raw": 1.6343475431493036e-07,
      "percentile": 0.6897384751002857
    },
    "sha256": "eb2d02bbe40573bb69c9e77bf119b504cd3c47e28333788152be833087414266",
    "simhash": "1:c47b823fb829e3b8",
    "word_count": 824
  },
  "last_updated": "2023-07-14T18:42:01.145099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "L. W. Hubbell Fertilizer Company, Defendant in Error, v. D. Jacobellis, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\n8. Guaranty, \u00a7 2 \u2014when guaranty binding when executed before delivery of goods. A guaranty is binding where the goods are contracted for by the principal one day and the guaranty is executed the next and delivered to the seller before the goods are delivered, for the reason that the sale is not complete until delivery of the goods.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Cairoli Gigliotti, for plaintiff in error.",
      "Allen G. Mills, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "L. W. Hubbell Fertilizer Company, Defendant in Error, v. D. Jacobellis, Plaintiff in Error.\nGen. No. 21,184.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John J. Rooney, Judge, presiding.\nHeard in this court at the March term, 1915.\nAffirmed.\nOpinion filed December 6, 1915.\nRehearing denied December 20, 1915.\nStatement of the Case.\nAction by L. W. Hubbell Fertilizer Company, a corporation, plaintiff, against D. Jacobellis, defendant, in the Municipal Court of Chicago, to recover on a guaranty by defendant of the debt of another. To reverse a judgment for plaintiff for $467.75, defendant prosecutes this writ of error.\nApril 16, 1914, an order to plaintiff to ship twenty tons of fertilizer to Joe Ogden, signed by Ogden and the Indiana Colonization Society by defendant as president, was forwarded to plaintiff at its office in Buffalo, New York. April 21st plaintiff sent defendant the following telegram: \u201cBuffalo, N. Y., April 21, 1914. D. Jacobellis, 832 W. Ohio St., Chicago.. Care Jacobellis Bros. Indiana Colonization Co. not rated, will you personally guarantee payment twenty tons fertilizer -ordered? Answer collect. L. W. Hubbell Fertilizer Co.\u201d The defendant testified that he received this telegram and threw it on the desk. The same day plaintiff received at Buffalo the following telegram: \u201cChicago,\" April 21, 1914. L. W. Hubbell Fertilizer Co., Buffalo, N. Y. I will personally guarantee payment 20 tons fertilizer ordered by Indiana Colonization Co. D. Jacobellis.\u201d Defendant testified that he had never sent or caused to be sent to the plaintiff any telegram in relation to any matter. The original of the telegram of April 21st, purporting to be a telegram of defendant to plaintiff, was produced at the trial by an officer of the telegraph company, and certain letters and documents signed by the defendant, which he admitted that he signed, were put in evidence. The original of the telegram was marked, \u201cExhibit 3\u201d for identification, and Wells, a witness for plaintiff, testified that the signature to the telegram was the signature of the defendant. The defendant admitted the receipt of the telegram from plaintiff of April 21st.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 903 \u2014when original document not contained in record considered as in evidence. In an action to recover on a guaranty where the guaranty was made by telegram, and where the original of the telegram constituting the guaranty in question was not contained in the record, on review the Appellate Court will treat the telegram as being in evidence, it appearing that such original was produced in the trial court, identified, and testimony introduced concerning it.\n2. Evidence, \u00a7 304 \u2014what authentication of original of telegram, sufficient. The original of a telegram received by plaintiff and purporting to be signed by defendant is made competent by the testimony of a witness that the signature is that of defendant.\n3. Evidence, \u00a7 304 \u2014when signing of telegram, a question of fact. The question whether the original of a telegram alleged to have been sent by a party is signed by him is a question of fact.\n4. Contracts, \u00a7 4 \u2014when written contract may be made by telegram. Contracts required to be written may be validly made by .telegram.--.!\u2014^ ~ ~ ~ : \u201c ~\n5. Evidence, \u00a7 304 \u2014when telegram received in answer to another telegram presumed genuine. The rule applicable to letters received in the due course of mail purporting to be in answer to a letter previously sent by the receiver, that such letters are presumptively genuine and admissible, is equally applicable to telegrams similarly received, a presumption arising in each case that the letter or telegram of the receiver was duly forwarded and received by the addressee, and that the answer received was sent by the addressee.\n6. Appeal and error, \u00a7 378 \u2014when defense wot raised in trial court waived. The defenses of res adjudicata and want of consideration are not available in the Appellate Court where such defenses were not raised in the trial court.\n7. Guaranty, \u00a7 30 \u2014where recovery may be had against principal and guarantor in separate actions. Although a plaintiff may recover against a principal in one action and against the guarantor in another, he can have but one satisfaction of the debt guarantied.\nCairoli Gigliotti, for plaintiff in error.\nAllen G. Mills, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number\u00bb"
  },
  "file_name": "0410-01",
  "first_page_order": 436,
  "last_page_order": 439
}