{
  "id": 2974326,
  "name": "Richard W. Carter, Plaintiff in Error, v. R. C. Crist, Defendant in Error",
  "name_abbreviation": "Carter v. Crist",
  "decision_date": "1916-05-01",
  "docket_number": "Gen. No. 21,750",
  "first_page": "371",
  "last_page": "372",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 371"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 181,
    "char_count": 2718,
    "ocr_confidence": 0.556,
    "sha256": "3b7e0b11845be8a7f17be48d970e0421e4cc099253f23f43a91a3f0a35033212",
    "simhash": "1:fb22c135de99e2ed",
    "word_count": 478
  },
  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Richard W. Carter, Plaintiff in Error, v. R. C. Crist, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Michael Lyons, for plaintiff in error.",
      "M. E. Gallion, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Richard W. Carter, Plaintiff in Error, v. R. C. Crist, Defendant in Error.\nGen. No. 21,750.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. Hugh J. Kearns, Judge, presiding. Heard in this court at the October term, 1915.\nAffirmed.\nOpinion filed May 1, 1916.\nStatement of the Case.\nAction by Richard W. Carter, plaintiff, against R. C. Crist, defendant, on the following .written instrument:\n\u201cFor value received, I hereby guarantee the payment of the rent and performance of the covenants by the party of the second part in the leases made and executed on the 20th day of November, A. D. 19.14, and expiring on the 30th day of September, 1915, by and between........and Mrs. Jessie E. Brown and Miss Lotta Edwards, on the land and building known as 1511 Lawrence avenue, in the City of Chicago, Illinois.\n\u201cWitness my hand and seal this 20th day of November, A. D. 1914.\n\u201cR. C. Crist (Seal).\u201d\nThe Municipal Court struck the plaintiff\u2019s \u201cmore specific statement of claim\u201d from the files and plaintiff electing to stand by the statement, judgment was entered for defendant, to reverse which this writ of error is prosecuted.\nIn his \u201cmore specific statement of claim\u201d plaintiff alleges that on the date of the instrument sued on he was the owner of a two-story building at 1511 Lawrence avenue, Chicago; that on said day he leased the first floor of said building to Jessie E. Brown and Lotta Edwards, described in said lease as party of the second part, from December 15, 1914, to the 30th day of September, 1916, for $1,027.50, payable in advance at $45 a month the first year and $50 a month the second year; that on said day he leased the second floor of said building as a dwelling to said Jessie E. Brown and Lotta Edwards, described as party of the second part, from the -first day of December, 1914, to the 30th. day of September, 1916, for $770, payable in advance, at $35 a month; that on said day the defendant executed and delivered to plaintiff a certain written instrument, under seal, which is the instrument sued on.\nAbstract of the Decision.\nMunicipal Court of Chicago, \u00a7 19 \u2014when judgment by default :properly refused. In an action in the Municipal Court of Chicago to recover on an alleged guaranty of the performance of a lease by the lessee, the entry of a judgment by default is properly refused where the lease described in the \u201cmore specific statement of claim\u201d filed by plaintiff is not the lease set forth in the instrument sued on.\nMichael Lyons, for plaintiff in error.\nM. E. Gallion, for defendant in error.\nSee Illinois Notes Digest, Yols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0371-01",
  "first_page_order": 393,
  "last_page_order": 394
}
