{ "id": 5347827, "name": "Benjamin Harrison et al. Admrs. v. Samuel W. Lindley", "name_abbreviation": "Harrison v. Lindley", "decision_date": "1882-09-28", "docket_number": "", "first_page": "245", "last_page": "248", "citations": [ { "type": "official", "cite": "104 Ill. 245" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "13 Ill. 599", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2581560 ], "opinion_index": -1, "case_paths": [ "/ill/13/0599-01" ] }, { "cite": "3 Scam. 115", "category": "reporters:state", "reporter": "Scam.", "case_ids": [ 2469583 ], "opinion_index": -1, "case_paths": [ "/ill/4/0115-01" ] }, { "cite": "21 Ill. 559", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2601896 ], "opinion_index": -1, "case_paths": [ "/ill/21/0559-01" ] }, { "cite": "16 Ill. 390", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2588411 ], "opinion_index": -1, "case_paths": [ "/ill/16/0390-01" ] }, { "cite": "32 Ill. 331", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2454398 ], "opinion_index": -1, "case_paths": [ "/ill/32/0331-01" ] }, { "cite": "25 Ill. 209", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 443703 ], "weight": 2, "pin_cites": [ { "page": "242" } ], "opinion_index": -1, "case_paths": [ "/ill/25/0209-01" ] }, { "cite": "3 Scam. 483", "category": "reporters:state", "reporter": "Scam.", "case_ids": [ 2470902 ], "opinion_index": -1, "case_paths": [ "/ill/4/0483-01" ] }, { "cite": "83 Ill. 427", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2662881 ], "opinion_index": -1, "case_paths": [ "/ill/83/0427-01" ] }, { "cite": "2 Scam. 216", "category": "reporters:state", "reporter": "Scam.", "case_ids": [ 2474415 ], "opinion_index": -1, "case_paths": [ "/ill/3/0216-01" ] }, { "cite": "82 Ill. 282", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5313662 ], "weight": 2, "pin_cites": [ { "page": "335" } ], "opinion_index": -1, "case_paths": [ "/ill/82/0282-01" ] } ], "analysis": { "cardinality": 391, "char_count": 5736, "ocr_confidence": 0.489, "pagerank": { "raw": 5.298132930532853e-08, "percentile": 0.3330207668477969 }, "sha256": "238f77f5f6ac35d0e8175ec9392036f53cb0655e817a06e38aefcfaf72edf5bf", "simhash": "1:adeda710fa03c61d", "word_count": 1005 }, "last_updated": "2023-07-14T18:17:57.202414+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Benjamin Harrison et al. Admrs. v. Samuel W. Lindley." ], "opinions": [ { "text": "Mr. Justice Dickey\ndelivered the opinion of the Court:\nThis is a controversy arising out of a claim, by appellee, against the estate of Henry Harrison, who died intestate March 15, 1878. Appellants are administrators of the estate. On May 20, 1878, the claim was filed in the county court, for $14,546.44. This claim, at that time, was in the form of an itemized account for work and labor done for deceased, and for boarding, and care, and money expended. In 1880, pending the controversy, the form of the claim was changed, and the same amount was claimed to have arisen from the same source \u201cas per contract\u201d made with the deceased. The case was taken to the circuit court, where there were three trials, the verdict at each trial being for the claimant. Two new trials were granted by the circuit court, but that court refused to set aside the verdict at the last trial, and judgment was given for the claimant. The administrators appealed to the Appellate Court, where the judgment of the circuit court was affirmed. From the judgment of the Appellate Court the administrators appeal to this court.\nTo reverse the judgment, appellants insist that the court erred in charging the jury. The instructions were numerous, and several instructions asked by appellants were refused. It is not deemed necessary to discuss each instruction separately. It is insisted that under the claim, as amended, no recovery could be had unless a special contract was proven, and that it was error to charge the jury that a recovery might be had upon an implied contract. I do not think that the statute, in requiring claims against estates to be filed in writing, was intended to introduce such strictness in the trial of such claims. Mo special pleading is required in such cases. Where the claim is for services, care, goods furnished, and the like, claimed to.have been furnished under a contract, and on the trial the performance of the services, or care, or the furnishing of the goods, is proven under such circumstances as to show they were not mere gifts, it would work great injustice to say no recovery could be had save on proof of a special contract for the payment. This, it is believed, never was the rule of practice in probate courts in this State. The substance of the refused instructions, in so far as they lay down a correct rule, was given in other instructions, and no wrong was done appellants. Some of the instructions were properly refused, as simply calling the attention to particular parts of the testimony.\nUpon the whole, we find no adequate ground for the reversal of the judgment of the Appellate Court. It is therefore affirmed.\nJudgment affirmed.", "type": "majority", "author": "Mr. Justice Dickey" } ], "attorneys": [ "Mr. T. J. Golden/ and Mr. E. Callahan, for the appellants:", "Mr. S. S. Whitehead, for the appellee:", "Messrs. Sellar & Dole, also for the appellee." ], "corrections": "", "head_matter": "Benjamin Harrison et al. Admrs. v. Samuel W. Lindley.\nFiled at Springfield September 28,1882.\nPleading and evidence\u2014as to claim against an estate, alleged to arise \u201cas per contract.\u201d On a claim filed in the county court, against an estate of a deceased person, for work and labor done, and for boarding, care, and money expended \u201cas per contract, \u201d a recovery may. be had upon an implied contract. On prooi of such services, etc., under circumstances showing they were not mere gifts, a recovery may be had without proof of a special contract for the payment.\nAppeal from the Appellate Court for the Third District;\u2014 heard in that court on writ of error to the Circuit Court of Edgar county; the Hon. C. B. Smith, Judge, presiding.\nMr. T. J. Golden/ and Mr. E. Callahan, for the appellants:\nThe claim in writing first filed was abandoned by appellee resorting to the amended claim filed September 6, 1880. They both can not stand as claims against the estate. The first rests the theory of recovery upon an implied liability, and the second upon an express contract, except as to three items. The statute provides that a \u201cclaimant shall produce his claim in writing, \u201d and \u201cthe ease shall be tried and determined as in other suits at law.'\u201d Eev. Stat. chap. 3, sec. 60. The \u201cclaim in writing\u201d takes the place of a declaration, and the allegations and proofs must correspond. Brock v. Slaten, 82 Ill. 282; Russell v. Hubbard, 59 id. 335.\n\"When, the declaration is upon a special contract, the allegations and proofs must correspond. Mastin v. Toucray, 2 Scam. 216; Chicago amd Alton R. R. Co. v. Michie, 83 Ill. 427; Tracy v. Rogers, 69 id. 662; Wheeler v. Reed, 36 id. 81.\nIn the. case at bar, the appellee, on the trial, not only departed from the character of his claim, in the evidence adduced, but at his instance the court followed the-departure in the instructions, which were properly excepted to.\nMr. S. S. Whitehead, for the appellee:\nThe objection to the amendment of the claim came too late in the Appellate Court, and certainly is too late in this court. Schlenker v. Riley, 3 Scam. 483; Lusk v. Cassell, 25 Ill. 209; Illinois Central R. R. Co. v. Simmons, 38 id. 242; Compton v. The People, 86 id. 176; Demesmey v. Gravelin, 56 id. 93.\nBut the amended claim was properly filed, and it was discretionary with the court. Jackson v. Warren, 32 Ill. 331; State Bank v. Buckmaster, Breese, 133; Miller v. Metzger, 16 Ill. 390; Brown v. Smith, 24 id. 196.\nThere is no claim by appellee of an express contract between the decedent and him for his services before his marriage, and the proof of the value of his services after the express contract was made, fully sustains the amended claim for such services in their nature and amount. There is no variance between the claim and the proof, and if there was anything lacking in the form of the complaint, it was cured by the verdict. Kelsey v. Lamb, 21 Ill. 559; Brazzle v. Usher, Breese, (Beecher\u2019s ed.) 35; Graham v. Dixon, 3 Scam. 115 ; Burst v. Wayne, 13 Ill. 599.\nMessrs. Sellar & Dole, also for the appellee." }, "file_name": "0245-01", "first_page_order": 245, "last_page_order": 248 }