{
  "id": 2911484,
  "name": "National Bank of the Republic, Appellee, v. Paul Gerhardt, Appellant",
  "name_abbreviation": "National Bank of the Republic v. Gerhardt",
  "decision_date": "1917-12-21",
  "docket_number": "Gen. No. 22,637",
  "first_page": "168",
  "last_page": "169",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 168"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 183,
    "char_count": 2243,
    "ocr_confidence": 0.506,
    "sha256": "07ac1b3c4185144baab93eeaba98a079a8395ef729be48291add7c1cd9889280",
    "simhash": "1:a992d005349ed06c",
    "word_count": 367
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "National Bank of the Republic, Appellee, v. Paul Gerhardt, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Rot D. Keehn, for appellant.",
      "Newman, Poppenhusen & Stern, for appellee; Charles T. Farson, of counsel."
    ],
    "corrections": "",
    "head_matter": "National Bank of the Republic, Appellee, v. Paul Gerhardt, Appellant.\nGen. No. 22,637. (Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Joseph P. Rait-ehtx, Judge, presiding. Certiorari denied by Supreme Court (making opinion final).\nHeard in the Branch Appellate Court at the October term, 1916.\nAffirmed.\nOpinion filed December 21, 1917.\nStatement of the Case.\nAction by the National Bank of the Republic, plaintiff, against Paul Gerhardt, defendant, to recover against defendant as guarantor of a note given plaintiff as payee by the makers. From a judgment for plaintiff on a directed verdict, defendant appeals.\nOne of the makers of this note had an account with the plaintiff bank, which had extended him credit of $16,000, evidenced by notes and indorsements of the same makers. The credit was increased $4,000 by their additional note guaranteed by defendant, which was renewed from time to time until the note in question was given. Prior to the last renewal of this note the bank called for further security, and one of the other makers gave his individual note for $18,000, secured by a trust deed on certain property. Four days later notes evidencing the indebtedness were renewed, one for $13,097.95 as a collateral note with the $18,000 note pledged as collateral thereto, and one for $4,000 as a plain note of hand mailing no reference to collateral and bearing defendant\u2019s signature as guarantor. The amount of the former note was reduced by payments from sales of parts of the property released from the trust deed with plaintiff\u2019s consent.\nRot D. Keehn, for appellant.\nNewman, Poppenhusen & Stern, for appellee; Charles T. Farson, of counsel.\nAbstract of tlie Decision.\nMortgages, \u00a7 79 \u2014when inference not raised that entire debt was covered by security. The mere fact that the amount of security covered by a trust deed given to secure an indebtedness exceeded the entire indebtedness did not of itself raise the inference that the entire debt, including a note on which defendant was guarantor, was covered by the security.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0168-01",
  "first_page_order": 196,
  "last_page_order": 197
}