{
  "id": 2919706,
  "name": "Firestone Tire & Rubber Company, Defendant in Error, v. Saul I. Ginsburg, Plaintiff in Error",
  "name_abbreviation": "Firestone Tire & Rubber Co. v. Ginsburg",
  "decision_date": "1918-01-28",
  "docket_number": "Gen. No. 23,461",
  "first_page": "308",
  "last_page": "309",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 308"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 205,
    "char_count": 2604,
    "ocr_confidence": 0.575,
    "sha256": "3001295a6e9f0146cac5fb7b8ae4558d12e4728dc1e04c25f93d07785906589e",
    "simhash": "1:88006804d8ed12bc",
    "word_count": 429
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Firestone Tire & Rubber Company, Defendant in Error, v. Saul I. Ginsburg, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dever\ndelivered the opinion of the court.\n4. Pleading, \u00a7 153 -\u2014when affidavit of merits is insufficient. An affidavit of merits that plaintiff had accepted one of two notes sued on in satisfaction and payment of the other note, with knowledge of the fact that both notes were given to the payee therein mentioned without consideration, was insufficient, even if plaintiff had received the notes with knowledge that they were given as accommodation papers, as knowledge of this fact alone would not defeat the action.\n5. Pleading, \u00a7 366*\u2014when pleas properly stricken. In an action against the maker of two promissory notes to recover thereon, where an affidavit of merits was properly stricken from the files, held that the pleas, being unsupported, were also properly stricken.",
        "type": "majority",
        "author": "Mr. Justice Dever"
      }
    ],
    "attorneys": [
      "Adolph Marks, for plaintiff in error.",
      "Miller, Gorham & Wales, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Firestone Tire & Rubber Company, Defendant in Error, v. Saul I. Ginsburg, Plaintiff in Error.\nGen. No. 23,461. (Not to be reported in full.)\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1752 \u2014when judgment affirmed for deficiency in abstract. Where appellant fails to comply with rule 18, requiring that abstracts of record must contain abstracts of the pleadings which are sought to be reviewed, and also fails to properly preserve by bill of exceptions the ruling of the trial court complained of, the judgment will be affirmed.\n2. Judgment, \u00a7 104*\u2014when duty of court to default defendant. Where special pleas only were filed to a declaration containing the common and special counts, and none of such pleas went to the common counts, it was the duty of the court to default the defendant.\n3. Pleading\u2014number of affidavits of merits. It is not allowable under section 55 of the Practice Act (J. & A. f 8592), to file more than one affidavit of merits to a plea to a declaration, notwithstanding different defenses are set up to a part of plaintiff\u2019s claim.\nError to the Superior Court, of Cook county; the Hon. Clarence N. Goodwin, Judge, presiding.\nHeard in this court at the October term, 1917.\nAffirmed.\nOpinion filed January 28, 1918.\nStatement of the Case.\nAction by Firestone Tire & Rubber Company, a corporation, plaintiff, against Saul I. Ginsburg, defendant, to recover $8,329.50 on two promissory notes by defendant as maker, each for $5,000. From a judgment for plaintiff for $9,091.66, defendant brings error.\nAdolph Marks, for plaintiff in error.\nMiller, Gorham & Wales, for defendant in error.\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": "0308-01",
  "first_page_order": 336,
  "last_page_order": 337
}