{
  "id": 5238408,
  "name": "Trustees of Schools v. James A. Mitchell and George C. Mitchell",
  "name_abbreviation": "Trustees of Schools v. Mitchell",
  "decision_date": "1898-02-09",
  "docket_number": "",
  "first_page": "543",
  "last_page": "544",
  "citations": [
    {
      "type": "official",
      "cite": "73 Ill. App. 543"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 231,
    "char_count": 2715,
    "ocr_confidence": 0.534,
    "pagerank": {
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    "sha256": "5e462de4a04249581922f77ca60d9b3080f0a2421ffd7fa4fa0254343429ada3",
    "simhash": "1:97575c68d736b7f6",
    "word_count": 477
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  "last_updated": "2023-07-14T16:07:49.615974+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Trustees of Schools v. James A. Mitchell and George C. Mitchell."
    ],
    "opinions": [
      {
        "text": "Opinion Per Curiam:\nOn the first day of October, 1879, appellees and one S. S. Wallace executed their note to appellants for $87.01 and interest at the rate of eight per cent payable in one year. After making several payments, Wallace removed to Missouri, where he resided four or five years. During his absence appellees, who had signed as securities, were called upon to pay the unpaid part of the note. There was a calculation made by the school treasurer, who ascertained that there was unpaid $46, whereupon appellees, on the nineteenth day of September, 1887, executed a new note for that amount. Wallace returned to the State and died in 1895. Appellees refused to pay the $46, for the reason that Wallace claimed there was not that amount due on the old note September 19, 1887. This suit was commenced before a justice of the peace, and on appeal to the Circuit Court, a judgment \u2019was recovered by appellants for $20.10. Appellants ask for a reversal because the judgment is not large enough. \u25a0\nWhen the old note was introduced upon the trial, the only indorsement that could be read was, \u201c$10.45 on Oct. 4, 1883.\u201d A postal card of that date, addressed to Wallace, containing the following, was exhibited:\n\u201cLoving-ton, Oct. 4, \u201983.\n\u201cDear Sir:\u2014Tours of recent date rec. Enclosing $20\u2014the note shows a credit of $4.50 Mch. 2nd. 83 by E. M. H. The balance is $10.45 to this date.\n\u201cTours truly,\n\u201cCochran & Pollard.\u201d\nEntries in the cash book of the school treasurer, showing what had been paid on the old note, were in evidence. If they were correct, then the note sued on represented the amount due on the nineteenth of September, 1887, and the judgment should have been for $73.65. We think the court erred in finding the amount due on the fourth of October, 1883, was only $10.45. The party who wrote, the postal, an attorney into whose hands the note had been placed for collection, was mistaken as to the amount due. Appellants were not bound by his statement. The judgment should have been for the full amount of the $46 note and interest, less the sum of $5.52, paid thereon April 5, 1889.\nThe judgment must be reversed and the cause remanded.",
        "type": "majority",
        "author": "Opinion Per Curiam:"
      }
    ],
    "attorneys": [
      "Isaac Hudson, attorney for appellant.",
      "R. M. Peadro, attorney for appellees."
    ],
    "corrections": "",
    "head_matter": "Trustees of Schools v. James A. Mitchell and George C. Mitchell.\nTrial by the Court\u2014Finding Against the Weight of the Evidence.\u2014A finding by the judge, trying a case without a jury, which is the result of a mistake as to the amount due, will be reversed.\nAssumpsit, on a promissory note. Appeal from the Circuit Court of Moultrie County; the Hon. Edward P. Vail, Judge, presiding.\nHeard in this court at the November term, 1897.\nReversed and remanded.\nOpinion filed February 9, 1898.\nIsaac Hudson, attorney for appellant.\nR. M. Peadro, attorney for appellees."
  },
  "file_name": "0543-01",
  "first_page_order": 543,
  "last_page_order": 544
}