{
  "id": 3015953,
  "name": "Empire Security Company, Appellant, v. J. M. Berry, Appellee",
  "name_abbreviation": "Empire Security Co. v. Berry",
  "decision_date": "1918-05-14",
  "docket_number": "Gen. No. 23,549",
  "first_page": "278",
  "last_page": "279",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 278"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 3144,
    "ocr_confidence": 0.537,
    "pagerank": {
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      "percentile": 0.6565386630649123
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    "sha256": "9c18905a4152208b495764ba4ced98a7e113bd7f32f8efc503e3fd95b192c56f",
    "simhash": "1:6d7ccd25d02d289c",
    "word_count": 533
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  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Empire Security Company, Appellant, v. J. M. Berry, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McDonald\ndelivered the opinion of the court.\n4. Bills and notes, \u00a7 172 \u2014 what regarded as surplusage in guaranty of note. Where the guaranty of a note is otherwise absolute, the use of the words \u201cTo whom it may concern,\" by way of preamble, is immaterial, and such words may he regarded as surplusage.\n5. Guaranty, \u00a7 6* \u2014 when notice of acceptance unnecessary. Where a guaranty of a note is absolute, no notice of its acceptance is necessary to hind the guarantor.\n6. Guaranty, \u00a7 6* \u2014 when notice of acceptance is unnecessary. Where a contract of guaranty is entered into contemporaneously with the principal agreement, no notice of acceptance to the guarantor is necessary.\n7. Guaranty, \u00a7 6* \u2014 when notice of acceptance is unnecessary. No notice of acceptance to make an agreement of guaranty of a note binding is necessary where such agreement acknowledges the receipt of a valuable consideration moving from the creditor to the guarantor.\n8. Guaranty, \u00a7 36a* \u2014 when notice of acceptance shown. In an action on a written guaranty of a note, evidence held sufficient to show that defendant received notice of the acceptance of his contract of guaranty.\n9. Guaranty, \u00a7 36a* \u2014 when shown that execution was authorized. In an action- on a written guaranty of a note, evidence held to show that defendant authorized the execution of the guaranty on his behalf.\n10. Appeal and error, \u00a7 1078* \u2014 what is effect of failure to file cross error. A defendant, and appellee, is bound by a special finding upon which he assigns no cross error.",
        "type": "majority",
        "author": "Mr. Justice McDonald"
      }
    ],
    "attorneys": [
      "L. A. Stebbins, Burton P. Sears, Frederick A. Bangs and E. I. Frankhauser, for appellant; Richard H. Colby and Herbert J. Ferguson, of counsel.",
      "C. Arch Williams, for appellee."
    ],
    "corrections": "",
    "head_matter": "Empire Security Company, Appellant, v. J. M. Berry, Appellee.\nGen. No. 23,549.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Words and phrases \u2014 how \u201cretire\u201d defined. The word \u201cretire\u201d means to recover; redeem; regain by the payment of a sum of money. (Citing Century dictionary.)\n2. Bills and notes, \u00a7 169 \u2014 what constitutes agreement to pay note if not paid at maturity. An agreement to pay a note if the maker does not \u201cretire\u201d it at maturity is an agreement to pay the note if the maker does not pay it at maturity.\n3. Bills and notes, \u00a7 172* \u2014 what constitutes absolute guaranty of note. An agreement to pay a note if the maker does not \u201cretire\u201d it at maturity is an absolute guaranty of the note, and it is unnecessary that the payee exhaust his remedies against the maker before proceeding against the guarantor.\nAppeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.\nReversed and judgment here.\nOpinion filed May 14, 1918.\nStatement of the Case.\nAction by Empire Security Company, plaintiff, against J. M. Berry, defendant, to recover on a written guaranty. From a judgment for defendant, plaintiff appeals.\nL. A. Stebbins, Burton P. Sears, Frederick A. Bangs and E. I. Frankhauser, for appellant; Richard H. Colby and Herbert J. Ferguson, of counsel.\nC. Arch Williams, for appellee.\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": "0278-01",
  "first_page_order": 332,
  "last_page_order": 333
}