{
  "id": 5198447,
  "name": "John Angus and George A. Gindele v. Chicago Trust and Savings Bank",
  "name_abbreviation": "Angus v. Chicago Trust & Savings Bank",
  "decision_date": "1897-01-21",
  "docket_number": "",
  "first_page": "425",
  "last_page": "427",
  "citations": [
    {
      "type": "official",
      "cite": "68 Ill. App. 425"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 198,
    "char_count": 2420,
    "ocr_confidence": 0.535,
    "pagerank": {
      "raw": 9.840784967856807e-08,
      "percentile": 0.5338276478667289
    },
    "sha256": "9461e57cf9c18347c5919630cf65557bee8c14f1f0626bdc42c331afebbb018e",
    "simhash": "1:d922f4a7347c0924",
    "word_count": 423
  },
  "last_updated": "2023-07-14T18:19:54.666299+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Angus and George A. Gindele v. Chicago Trust and Savings Bank."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion oe the Court.\nThe appellee sued the appellants upon promissory notes, about which there is no controversy, and recovered a judgment from which this appeal is taken.\nThe first point made is that a \u201c motion to strike cause from short cause calendar, for the reason that the case had been previously stricken from the trial court\u2019s short cause calendar\u201d was denied.\nWe have copied from the abstract all that it shows upon the subject, and it \u00bfloes not appear that, in fact, the case was, when the motion was made, or ever had been, upon any short cause calendar.\nThe defense was that the appellants had, while the suit was pending, given checks payable thereafter, upon an arrangement which Gindele, as a witness, described, says the abstract, as follows:\n\u201c I gave Mr. Tolman about eight or ten checks in payment of all that Angus & Gindele owed him, as in full settlement. He was to retain all the notes and pass them over as fast as we paid the checks. He was to retain the notes as collateral, and this suit was to stand until all the checks were paid. The checks were dated ahead from one month to six or seven months.\u201d\nDefault was made in paying the ch\u00e9cks, after \u25a0 two or three had been paid, and then the pending suit was pressed to trial. Such testimony falls far short of proving that the appellee accepted the checks in satisfaction of the debt sued for. A plea of accord and satisfaction\u2014the only plea adapted to such a defense\u2014is bad if it do not aver acceptanee in satisfaction of the debt. Drake v. Mitchell, 3 East, 251.\nIt is clear from the testimony of the witness that the checks were given and received only as a mode of payment if the checks were punctually paid; thereby giving time to the appellants, but not discharging the action if a default in payment followed.\nThe judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "Hoyne, Follansbee & O\u2019Connor, attorneys for appellants.",
      "John G. Henderson, attorney for appellee; Hoses, Pam & Kennedy, of counsel."
    ],
    "corrections": "",
    "head_matter": "John Angus and George A. Gindele v. Chicago Trust and Savings Bank.\n1. Accord and Satisfaction\u2014Sufficiency of Pleas of.\u2014A plea of accord and satisfaction which does not aver an acceptance in satisfaction of the debt is bad.\nAssumpsit, on promissory notes. Appeal from the Superior Court of Cook County; the Hon. William Gr. Ewing, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed January 21, 1897.\nHoyne, Follansbee & O\u2019Connor, attorneys for appellants.\nJohn G. Henderson, attorney for appellee; Hoses, Pam & Kennedy, of counsel."
  },
  "file_name": "0425-01",
  "first_page_order": 423,
  "last_page_order": 425
}