{
  "id": 5189238,
  "name": "The Bancroft Company v. William E. Pollock",
  "name_abbreviation": "Bancroft Co. v. Pollock",
  "decision_date": "1896-06-29",
  "docket_number": "",
  "first_page": "278",
  "last_page": "282",
  "citations": [
    {
      "type": "official",
      "cite": "66 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": {
    "cardinality": 435,
    "char_count": 6528,
    "ocr_confidence": 0.511,
    "sha256": "9de9d87fa8ef85ec48348c87ab9ce00f9b888977d470a631c097a5e79de48c11",
    "simhash": "1:baa84ee3f4aa16d7",
    "word_count": 1113
  },
  "last_updated": "2023-07-14T20:02:14.451346+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Bancroft Company v. William E. Pollock."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Gary\ndelivered the opinion of the Court.\nThe appellant is a book publishing company. Among its enterprises in the year 1893, was \u201c The Book of the Fair.\u201d\nThe following documents explain themselves, viz.:\n\u201c The History Co., Publishers, San Francisco, Cal. Founded 1882. Incorporated 1886.\nH. H. Bancroft, President. Geo. H. Morrison, Yice-Pres. T. A. C. Borland, Secretary and Treasurer.\nFrank M. Derby, General Agent.\nThe Historical Series of Hubert Howe Bancroft,\n148 Church Street.\nHew York, Feb. 11, 1.S93.\nMr. A. Schmidt,\nDear Sir: We hereby agree to accept the offer made by you in behalf of the Bancroft Company, of Chicago, to proceed to Chicago within ten days from the date hereof, and enter the employ of said company as photographer and etcher respectively, for the term of one year, at a salary of thirty-five dollars ($35) each, per week, and transportation expenses.\nIt is understood and agreed that upon our arrival in Chicago, a formal agreement or contract shall be made, signed and sealed, with the Bancroft Co., embodying the above conditions. Bespectfully,\nW. E. Pollock,\nF. Hiemeyer.\u201d\n\u201c Accepted for the Bancroft Co.\nA. G. Schmidt.\nHew York, Feb. 11th, \u201993.\u201d\n\u201c Office of \u2018 The Book of the Fair,\u2019 Auditorium Building, Booms 30 and 31.\nThe Bancroft Company, Publishers.\nChicago, Feb. 16, 1893.\nMr. W. E. Pollock, care Mr. W. W. Silver, 2 Hew Chambers St., Hew York.\nDear Sir : Hoting the arrangements made with you by our Mr. A. Schmidt, we take pleasure in forwarding transportation. expenses through Hr. F. M. Derby, 149 Church St. You will kindly call upon him for the same at your earliest convenience.\nVery truly yours,\nThe Bancroft Company.\nR. D. Bristol,\nManager \u2018 The Book of the Fair.\u2019 \u201d The company used in Chicago letter heads as follows:\n\u201c Founded 1856. Incorporated 1887.\nThe Bancroft Company.\nPublishers, Booksellers, Stationers.\nHistory Building, San Francisco, Cal. H. H. Bancroft, President.\nGeo. H. Morrison, Vice-President.\nT. A. C. Borland, Secretary and Treasurer.\nR. D. Bristol, Manager, Chicago Office.\nOffice of 1 The Book of the Fair.\u2019\nThe Bancroft Company, Publishers,\nRooms 30, 31 and 32 Auditorium Building.\u201d\nEvidence was put in that Schmidt was sent to Hew York to engage a photographer; Bristol and Morrison being together when it was done, both giving instructions, and Morrison personally furnishing Schmidt with money and railroad tickets for the trip; and that after the appellee arrived in Chicago and went to work for the company, Morrison was active in the business of the company, and in directing the work in which the appellee was engaged.\nAt the time of the trial Morrison was living in California, and was not a witness. What, if any, connection he had there with the appellant\u2014which seems to be a California company\u2014does not appear.\nThe appellee testified that he was discharged by Morrison September 11, 1893, for reasons affecting the success of the business of the appellant.\nAs part of his evidence the appellee put in the following letter:\n\u201c Founded 1856. Incorporated 1887.\nThe Bancroft Company.\nPublishers, Booksellers, Stationers,\nHistory Building, San Francisco, Cal.\nH. H. Bancroft, President.\n' George H. Morrison, Vice-President.\nT. A. C. Borland, Secretary and Treasurer.\nR. B. Bristol, Manager, Chicago Office.\nOffice of \u2018 The Book of the Fair,\u2019\nThe Bancroft Company, Publishers, Rooms 30, 31 and 32 Auditorium Building.\nChicago, Sept. 20, 1893.\nMr. W. E. Pollock, 326 La Salle Ave., City.\nBear. Mr. Pollock : The company- must be indebted to you for services during' the early part of the week. If so, come in and let us see what the amount is. You also have a prospectus and a pass to the grounds, which I would like to use. Will you place me under obligations by bringing them in ?\nI have a communication this morning from the Oil Well Supply Co., saying that our photographer promised to submit to them photographs before they went into the book; also promised to sell them all the photographs they desired for thirty cents apiece, and warning us not to insert any pictures of their exhibits in our book, because the contract made with them had not been complied with by us. We have just written them that we have never indorsed any such transaction and know nothing of it. Of course there is some mistake about this, as you would not make such arrangements with any one. However, it has put us to the expense of making the plate, and as it has already gone into our forms, to the additional expense of making over the plates again. I wish you would also come in and explain this, and I trust that there is no other such an understanding, or misunderstanding, with any one, as it would involve us in a great deal of expense. Hot only the taking of the photographs and the making of the plates, your time, and now the expense of taking the plate out of the book and making over the entire page where it is, refolioing the pages, which is likely to run into'any where from $10,000 to $30,000, according to the amount of work we must do, which I have not yet been able\" to determine.\nVery truly yours,\nGeo. H. Mobbison.\u201d\nThis suit was by the appellee to recover as damages for being discharged, the residue of a year\u2019s salary, less what he had earned elsewhere.\nThe court found for him. The appellant now defends partly upon the assumption that Morrison had no authority to discharge the appellee, and partly upon the assumption that the appellee was not discharged, but quit voluntarily. That the enterprise of the \u201c Book of the Fair \u201d was or was not a success, this record does not Show, but the letter of September 20, 1893, would indicate that things were not altogether pleasant.\nAll the questions of fact are settled by the finding. By itself the evidence on the part of the appellee is abundant to prove his allegation that the appellant \u201c refused to permit him to work and be employed in \u201d the service of the appellant.\nThat seems to be a sufficient allegation. 2 Ch. Pl. 324 et seq., Ed. 1828.\nAt any rate no question as to pleading was made at the Circuit.\nThe judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Gary"
      }
    ],
    "attorneys": [
      "Hamline, Scott & Lord, attorneys for appellant.",
      "Matz & Eisher, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "The Bancroft Company v. William E. Pollock.\n1. Questions oe Fact\u2014Finding of the Jury.\u2014All questions of fact are settled by the finding of the jury.\nAssumpsit.\u2014Breach of contract. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the March term, 1896.\nAffirmed.\nOpinion filed June 29, 1896.\nHamline, Scott & Lord, attorneys for appellant.\nMatz & Eisher, attorneys for appellee."
  },
  "file_name": "0278-01",
  "first_page_order": 274,
  "last_page_order": 278
}