{
  "id": 5175201,
  "name": "George M. Benedict v. E. A. Berger et al.",
  "name_abbreviation": "Benedict v. Berger",
  "decision_date": "1896-04-27",
  "docket_number": "",
  "first_page": "173",
  "last_page": "175",
  "citations": [
    {
      "type": "official",
      "cite": "64 Ill. App. 173"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "35 Ill. 434",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5256429
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/35/0434-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 235,
    "char_count": 3013,
    "ocr_confidence": 0.571,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.15601257061705143
    },
    "sha256": "6481d59aac5d699e8a0a41cb414097cf4617772ec00ae28038ba08b6e4db1042",
    "simhash": "1:33ba7cd9c491dc98",
    "word_count": 520
  },
  "last_updated": "2023-07-14T18:42:36.948645+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George M. Benedict v. E. A. Berger et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion of the Court.\nAn instrument in form of a note, payable to the order of the maker, is not a note until indorsed, ordered paid by the maker, and delivered.\nSo far as appears, this instrument was not a contract of any kind until after the indorsements were made by Hartman and Mrs. Berger.\nAppellees Hartman and Mrs. Berger were record indorsers only. Pike v. Hately, Ill. App., opinion filed February 11, 1896; Blanchford v. Milliken, 35 Ill. 434.\nThere was no evidence warranting a recovery against them as such.\n.The judgment of the Circuit Court is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "J. A. Coleman and Williams, Linden, Dempsey & Gott, attorneys for appellant.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "George M. Benedict v. E. A. Berger et al.\n1. Promissory Note\u2014Payable to the Order of the Maker.\u2014An instrument in the form of a note, payable to the order of the maker, is not a note until indorsed and ordered paid by the maker, and delivered.\n2. Same\u2014Indorsers not Guarantors.\u2014Mere indorsers upon a promissory note are not liable as guarantors.\nAssumpsit, on a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding.\nHeard in this court at the March term, 1896.\nAffirmed.\nOpinion filed April 27, 1896.\nStatement of the Case.\nThis suit was brought upon a promissory note to recover \u00a7100, and was tried by the court without a jury.\nThe declaration charges defendants Hartman and Berger as gurantors.\nThe defendants filed a plea of general issue.\nThe plaintiff ivas the only witness examined, and he testified to his ownership of the note, the time he purchased it, and that before it was due he purchased it from one Hardy, not a party to the instrument, and paid \u00a7100 therefor; the remainder of plaintiff\u2019s case is established by the note and the presumptions indulged -by law.\nThe defendants offered no evidence except the files, showing confession of judgment by the makers, which was admitted by plaintiff.\nThe note and indorsements were as follows, and in the order mentioned:\n\u201c \u00a7100. Chicago, III., Feb. 6, 1894.\nOne year after date, for value received, I promise to pay to the order of myself one hundred dollars, at the office of J. A. Hartman, Chicago, 111., with interest at six per cent per annum after date until paid. And to secure the payment of said amount I hereby authorize irrevocably any attorney of any court of record to appear for me in such court, in term time or vacation, at any time hereafter, and confess judgment, without process, in favor of the holder of this note, for such amount as may appear to be unpaid thereon, together with costs and twenty-five dollars attorney\u2019s fees, and to waive and release all errors which may intervene in such proceedings, a,nd consent to immediate execution upon such judgment, hereby ratifying and confirming all that my said attorney may do by virtue hereof.\nFTellie Melligen.\u201d\nIndorsed as follows:\n\u201c Pay to the order of Mrs. E. A. Berger. H. C. Hartman, Mrs. E. A. Berger, Nellie Melligen.\u201d\nJ. A. Coleman and Williams, Linden, Dempsey & Gott, attorneys for appellant.\nNo appearance for appellee."
  },
  "file_name": "0173-01",
  "first_page_order": 171,
  "last_page_order": 173
}