{
  "id": 2974921,
  "name": "Illinois Surety Company, Defendant in Error, v. David L. Frank, Plaintiff in Error",
  "name_abbreviation": "Illinois Surety Co. v. Frank",
  "decision_date": "1916-04-28",
  "docket_number": "Gen. No. 21,460",
  "first_page": "318",
  "last_page": "319",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 318"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 190,
    "char_count": 2579,
    "ocr_confidence": 0.533,
    "sha256": "3a31de5180121ac827c22b87f7ff3b8b647b91349108609a704538277e722e0b",
    "simhash": "1:8e6682543e8ef244",
    "word_count": 426
  },
  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Illinois Surety Company, Defendant in Error, v. David L. Frank, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Adler & Lederer, for plaintiff in error.",
      "Moses, Rosenthal & Kennedy, for defendant in error; Joseph W. Moses and Henry Jackson Darby, of counsel."
    ],
    "corrections": "",
    "head_matter": "Illinois Surety Company, Defendant in Error, v. David L. Frank, Plaintiff in Error.\nGen. No. 21,460.\n(Not to be reported in full.)\nError to the Superior Court of Cook county; the Hon. Clarence N. Goodwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nAffirmed.\nOpinion filed April 28, 1916.\nStatement of the Case.\nAction by the Illinois Surety Company, a corporation, plaintiff, against David L. Frank, defendant, on two written instruments signed by him, one an application to plaintiff to become surety on a stay bond for a corporation, of which defendant\u2019s brother was secretary, containing an agreement of indemnity to the company, and the other a general bond of indemnity to plaintiff against the same contingencies. At the close of the evidence the court directed a verdict for plaintiff for $2,561.81.\nThe defenses pleaded and attempted to be made were that the instruments were signed by defendant in blank and delivered so signed upon conditions not complied with of which plaintiff had notice before delivery. The conditions claimed were that defendant was not to be liable in excess of $40 (the amount of the premium to be paid by the principal to the stay bond for the surety-ship of plaintiff), and that said principal should deposit certain cash to indemnify plaintiff.\nAbstract of the Decision.\n1. Indemnity, \u00a7 24 \u2014when evidence sufficient to support verdict. In an action on an indemnity bond, evidence examined and held to support a verdict for plaintiff.\n2. Indemnity, \u00a7 11*\u2014when condition not communicated to one to whom bond given not binding on him. A condition made in a conversation between the signer of an indemnity bond and the person for whom it was signed, limiting the amount for which the signer would be liable, is not binding on the indemnified person where the one on whose behalf the bond was signed was not the agent of the indemnified.\nBoth defendant and his brother testified to a conversation between themselves had at the time the latter brought the papers to the former for his signature, intimating some purpose on defendant\u2019s part to limit his liability. There was no proof that defendant\u2019s brother communicated the conversation to plaintiff when he delivered the signed instruments, or at any time.\nAdler & Lederer, for plaintiff in error.\nMoses, Rosenthal & Kennedy, for defendant in error; Joseph W. Moses and Henry Jackson Darby, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0318-01",
  "first_page_order": 340,
  "last_page_order": 341
}