{
  "id": 2418193,
  "name": "Jas. C. Waugh, Impl. C. H. Camfield and Chas. M. Glaser v. Casimir Andel, Trustee of Company \"A\" Belleville Guards",
  "name_abbreviation": "Waugh v. Andel",
  "decision_date": "1887-01-10",
  "docket_number": "",
  "first_page": "389",
  "last_page": "391",
  "citations": [
    {
      "type": "official",
      "cite": "21 Ill. App. 389"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 253,
    "char_count": 3537,
    "ocr_confidence": 0.521,
    "sha256": "6735072f0f765a063f266abb91c89b9af61824cf827a95217cc7afcd1546ff5f",
    "simhash": "1:0819d7440d7aebd9",
    "word_count": 624
  },
  "last_updated": "2023-07-14T19:33:21.717522+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jas. C. Waugh, Impl. C. H. Camfield and Chas. M. Glaser v. Casimir Andel, Trustee of Company \u201cA\u201d Belleville Guards."
    ],
    "opinions": [
      {
        "text": "Pillsbury, J.\nThe money loaned to Camfield belonged to \u2022the company, and the note, payable to the Captain would, when \u25a0 delivered to him, be held by hitii in trust for the company. There being no Captain of the company there is no payee in existence who can bring a suit at law or in whose name the \u2018company \"can bring such suit for its use. Ho adequate remedy at law exists to enforce payment of the n\u00f3te and equity will \u2022therefore take jurisdiction. The company retained the note -in its treasury as its property until it voted to transfer to the appellee to be held and collected by him for the use of the company and this we think Conferred upon him a sufficient interest therein to maintain this bill. He thereby became the \u2022lawful holder of it and a recovery by him will discharge the \u25a0note, and that is all the makers \u25a0 have any right to demand. The decree will be affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Pillsbury, J."
      }
    ],
    "attorneys": [
      "Mr. Marshall W. Weir, for plaintiff in error.",
      "Mr. E. L. Thomas, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Jas. C. Waugh, Impl. C. H. Camfield and Chas. M. Glaser v. Casimir Andel, Trustee of Company \u201cA\u201d Belleville Guards.\nEquity Jurisdiction \u2014 Note Payable to Captain of Military Company\u2014 Bill Filed by Trustee.\n1. The trustee of a military company, which has no Captain, may maintain an action in equity on a note made payable to its Captain for money borrowed of the company.\n2. The transfer of the note by vote of the company to the trustee, for collection, conferred upon him sufficient interest in the note to enable him to maintain suit thereon.\n[Opinion filed January 10, 1887.]\nIn error to the Circuit Court of St. Clair County; the Hon. William H. Snyder, Judge, presiding\nStatement of the case by Pillsbury, J. Company \u201cA,\u201d Belleville Guards, was organized as a part of the militia of the State, and for service rendered the State, and from other sources, it became possessed of quite a sum of money which it deposited with the treasurer of the company, and from time to time, loaned the same. August 3, 1880, having about \u00a7400 in the treasury, one C. H. Camfield applied for a loan of that amount, and the company directed the treasurer to loan the same, taking note with security therefor. The said Camfield thereupon presented to the treasurer of the company the following promissory note- and received the money. \u00a7400.00. Belleville, III., August 9th, 1880.\nSix months after date we, or either of us; promise to pay to the Captain, of Company \u201cA \u201d Belleville Guards, or order, the sum of four hundred dollars for value received, with eight per cent, interest per. annum from maturity, at the office of the First National Bank of Belleville.\nC. H. Camfield,\nChas. M. Glasee,\nJ. C. Waugh.\u201d\nThe treasurer reported the loan to the company and being approved, he retained the note in trust for its members. The Captain of said company resigned about November 1, 1881? which resignation was accepted, and no other Captain was thereafter elected, and some time in August, 1884, the company, asan organization, ceased to exist. At the time said company voted to disband in August, 1884, they ordered the treasurer to turn over said note to the appellee to be held by him in trust for the company, and to collect the same and account for the proceeds. The treasurer complied with this direction and delivered the note to appellee who filed this bill against the makers alleging the above facts, and asked a decree for its amount. The appellant, Waugh, filed a general demurrer to the bill, which was overruled, and he abided and sued out this writ of error.\nMr. Marshall W. Weir, for plaintiff in error.\nMr. E. L. Thomas, for defendant in error."
  },
  "file_name": "0389-01",
  "first_page_order": 385,
  "last_page_order": 387
}