{
  "id": 2966101,
  "name": "Columbia Graphophone Company, Plaintiff in Error, v. Fred W. Niergarth and J. R. Brown, Partners, as the Brown Piano Company, Defendants in",
  "name_abbreviation": "Columbia Graphophone Co. v. Niergarth",
  "decision_date": "1916-06-10",
  "docket_number": "",
  "first_page": "397",
  "last_page": "398",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 397"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 196,
    "char_count": 2402,
    "ocr_confidence": 0.552,
    "sha256": "3da34793dd5f240460f45c83aed64f2ad7d5cdb220fdbb53bb08a2648bebc68e",
    "simhash": "1:1cfafdbde09902a2",
    "word_count": 398
  },
  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Columbia Graphophone Company, Plaintiff in Error, v. Fred W. Niergarth and J. R. Brown, Partners, as the Brown Piano Company, Defendants in"
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Thompson\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Thompson"
      }
    ],
    "attorneys": [
      "Rayburn & Buck, for plaintiff in error.",
      "M. A. Brennan, for defendant in error Frederick W. Niergarth."
    ],
    "corrections": "",
    "head_matter": "Columbia Graphophone Company, Plaintiff in Error, v. Fred W. Niergarth and J. R. Brown, Partners, as the Brown Piano Company, Defendants in\n(Not to be reported in full.)\nError to the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Heard in this court at the April term, 1916.\nAffirmed.\nOpinion filed June 10, 1916.\nStatement of the Case.\nAction by the Columbia Graphophone Company, plaintiff, against Fred W. Niergarth and J. R. Brown, partners, as. the Brown Piano Company, defendants, for balance alleged to be due in payment of goods shipped to the Brown Piano Company. To review a judgment for defendants, plaintiff prosecutes a writ of error.\nAbstract of. the Decision.\nGuaranty, \u00a7 12 \u2014when guarantor not liable on guaranty. A seller held not entitled to recover from one of the defendants for goods shipped to a party, with whom such defendant was associated in business, after the receipt by the seller of a letter from such defendant directing that no more shipments should be made without such defendant\u2019s signature being attached to the order, such defendant having been regarded by the seller, in connection with previous shipments, merely as guarantor for the payment thereof.\nThe proof showed that previous to November, 1912, J. R. Brown, under the name and style of the \u201cBrown Piano Company\u201d had been engaged in selling pianos in a building owned by Niergarth. In November, 1912, Brown and Niergarth made an agreement by which Niergarth was to assist Brown in a side' line known as the Graphophone department.\nOn November 19, 1912, Niergarth wrote .to the plaintiff that he and Brown were equally responsible for the goods that might be purchased. \u201cIt is understood, however, that all orders placed will bear the O. K. or signature of Mr. F. W. Niergarth.\u201d On October 3, 1913, Niergarth again wrote to plaintiff: \u201cKindly ship goods ordered by Brown Piano Company per J. R. Brown until further notice.\u201d On November 5,1913, Niergarth again wrote to the plaintiff: \u201cDo not ship any more orders to Brown Piano Company unless signed by me, hereby countermanding my order of October 3rd, 1913.\u201d\nRayburn & Buck, for plaintiff in error.\nM. A. Brennan, for defendant in error Frederick W. Niergarth.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0397-01",
  "first_page_order": 439,
  "last_page_order": 440
}