{
  "id": 5081119,
  "name": "John Condon and J. A. Webb v. Charles Bruse and Company",
  "name_abbreviation": "Condon v. Charles Bruse & Co.",
  "decision_date": "1895-04-04",
  "docket_number": "",
  "first_page": "254",
  "last_page": "255",
  "citations": [
    {
      "type": "official",
      "cite": "58 Ill. App. 254"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
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      "cite": "29 Ill. 497",
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    {
      "cite": "137 Ill. 344",
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    {
      "cite": "35 Ill. App. 81",
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      "reporter": "Ill. App.",
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  "analysis": {
    "cardinality": 254,
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    "word_count": 538
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  "last_updated": "2023-07-14T20:52:30.003237+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "John Condon and J. A. Webb v. Charles Bruse and Company."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nThe plaintiffs in error wrote their names upon the back of a promissory note, payable to the defendants in error, purporting to be made by the \u201c Indiana Racing Ass\u2019n,\u201d described in the declaration as the \u201c Indiana Racing Association.\u201d\nTheir names, so written, imply a guaranty\u2014not conclusively, but grima, fade\u2014subject to evidence as to what may have been the real contract. Kingsland v. Koeppe, 35 Ill. App. 81; 137 Ill. 344. And the contract implied need not ever be written out. Filling up such an indorsement is mere form, and may be wholly omitted. Kuehne v. Goit, 54 Ill. App. 596.\nThe abbreviation \u201cAss\u2019n\u201d for \u201cAssociation\u201d is in common use and well understood. State v\u201e Vaile, 26 S. W. Rep. (Mo.) 672.\nIn pleading, not descriptively m Tim verla, but the legal effect, the use of the full word is not a variance from the instrument. Earl of Shrewsbury\u2019s case, 9 Coke, 42.\nThe demurrer to the plea of Condon, denying the making of the note by the Indiana Racing Association, should have been sustained. Condon was not at liberty to make such a defense. Bes tor v. Walker, 4 Gilm. 3. His indorsement was a warranty that the note was what it purported to be. Randolph, Com. Pap., Sec. 752. That the plea was verified, had no effect.\nThe action was not upon the note, but upon the indorsement, and so was not within Practice Act, Sec. 34.\nThe mistake of the court in holding the plea good does not now entitle the plaintiff in error to anything. McNulta v. Ensch, 134 Ill. 46.\nThe promise in the note was to pay \u201c with reasonable attorney fees.\u201d If those fees could be collected from the plaintiffs in error at all, they could not be so collected in this suit. They accrued, if ever, after this suit was commenced. Nickerson v. Babcock, 29 Ill. 497.\nThe amount due upon the note, principal and interest, at the time of the trial, was $1,307.88. The verdict and judgment are $1,435.41, an excess of $127.53, for the protest was an idle ceremony.\nIf the defendant in error, within ten days from the filing of this opinion, remit from the judgment $127.53, the residue of the judgment will be affirmed; if not, it will be reversed and the cause remanded; in either event the costs fall on the appellees.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "Edward H. Morris', attorney for plaintiffs in error.",
      "Israel Cowen, attorney for defendants in error."
    ],
    "corrections": "",
    "head_matter": "John Condon and J. A. Webb v. Charles Bruse and Company.\n1. Guaranty\u2014Contract of\u2014When Implied.\u2014Names written upon the back of a promissory note, imply a guaranty, not conclusively, but prima facie, subject to evidence as to what may have been the real contract.\n2. Promissory Notes\u2014Blank Indorsements.\u2014An implied contract need not be written out. Where names are indorsed in blank upon a promissory note, filling up the indorsement is mere form, and may be wholly omitted.\nAssumpsit, on a contract of guaranty. Error to the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the March term, 1895.\nRemittitur ordered, etc.\nOpinion filed April 4, 1895.\nEdward H. Morris', attorney for plaintiffs in error.\nIsrael Cowen, attorney for defendants in error."
  },
  "file_name": "0254-01",
  "first_page_order": 250,
  "last_page_order": 251
}