{
  "id": 2925585,
  "name": "Hill Binding Company, Defendant in Error, v. F. J. Koch Company, Plaintiff in Error",
  "name_abbreviation": "Hill Binding Co. v. F. J. Koch Co.",
  "decision_date": "1917-07-11",
  "docket_number": "Gen. No. 22,484",
  "first_page": "217",
  "last_page": "218",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 217"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 161,
    "char_count": 2145,
    "ocr_confidence": 0.549,
    "sha256": "28ccc0d519472a785a1d28f569150b9d1fa4875419cf05b1c07246a77036f198",
    "simhash": "1:8c79d33bb41d807e",
    "word_count": 365
  },
  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Hill Binding Company, Defendant in Error, v. F. J. Koch Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Taylor\ndelivered the opinion of the court.\n2. Corporations, \u00a7 515 \u2014 when parol evidence is admissible to show character of signature to notes. Whether notes signed by the president of a corporation, who has the same name as the corporation itself, are personal or corporate, is a matter of fact and not of law, and evidence is admissible to show whether the signature was intended to be that of the president personally or of the corporation.",
        "type": "majority",
        "author": "Mr. Justice Taylor"
      }
    ],
    "attorneys": [
      "Samuel K. Markman and Francis E. Hinckley, for plaintiff in error.",
      "Campbell & Fischer, for defendant in error; John D. Peterson, of counsel."
    ],
    "corrections": "",
    "head_matter": "Hill Binding Company, Defendant in Error, v. F. J. Koch Company, Plaintiff in Error.\nGen. No. 22,484.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Corporations, \u00a7 370 \u2014 when use of first person in note does not avoid liability of corporation. The use of the expression \u201cI promise to pay\u201d preceding a signature to a note which is the name of both the president of a corporation, who signs the note and procures the money for the corporation, and the corporation itself, does not avoid the liability of the corporation, especially where the corporation has the benefit of the money.\nError to the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.\nAffirmed.\nOpinion filed July 11, 1917.\nRehearing denied July 23, 1917.\nStatement of the Case.\nAction by the Hill Binding Company, plaintiff, against F. J. Koch Company, defendant, to recover on two promissory notes, signed, \u201cF. J. Koch,\u201d by the president of the company bearing such name. From a judgment in favor of plaintiff for $846.25, defendant brings error.\nThe name of defendant corporation at the time of the execution of the notes was F. J. Koch. Each note contained the words \u201cafter date I promise to pay\u201d and the proceeds of the notes were used in the business of the F. J. Koch corporation.\nSamuel K. Markman and Francis E. Hinckley, for plaintiff in error.\nCampbell & Fischer, for defendant in error; John D. Peterson, of counsel.\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."
  },
  "file_name": "0217-01",
  "first_page_order": 243,
  "last_page_order": 244
}
