{
  "id": 2660750,
  "name": "Arno Voss v. The German American Bank of Chicago",
  "name_abbreviation": "Voss v. German American Bank",
  "decision_date": "1876-09",
  "docket_number": "",
  "first_page": "599",
  "last_page": "600",
  "citations": [
    {
      "type": "official",
      "cite": "83 Ill. 599"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "1 Harrington, 369",
      "category": "reporters:state",
      "reporter": "Harrington",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 206,
    "char_count": 2420,
    "ocr_confidence": 0.528,
    "pagerank": {
      "raw": 3.406673391385997e-07,
      "percentile": 0.8777492432956516
    },
    "sha256": "cbc165beeb8c8f741612ebb27464c0eac0b1c743ed6ff12d33bb93edc46862b6",
    "simhash": "1:b417999136349c64",
    "word_count": 427
  },
  "last_updated": "2023-07-14T18:57:03.078268+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Arno Voss v. The German American Bank of Chicago."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Sheldon\ndelivered the opinions of the Court:\nThis was a suit, brought August 18,1874, upon a promissory note, of which the following is a copy:\n\u201c Chicago, Oct. 4, 1873.\n\u201c Fifteen days after date we promise to pay to the order of the Germania Bank of Chicago three hundred dollars, at their office, with interest at the rate of ten per cent per annum after due, until paid. Value received.\n(Signed.) \u201c Albert Michelson,\n\u201c Indorsed: \u201c A. Voss.\n\u201c Received on account, $72. Uovember 21, 1873.\n\u201cReceived on the within note, $25. July 28, 1874.\u201d\nUpon trial in the court below, without a jury, the plaintiff recovered a judgment for $246.10. \u2022\nThe note appears to have been made for Michelson\u2019s benefit, and Voss to have been only a surety, as between himself and Michelson, and as Michelson is shown to have had funds on deposit in the bank, from time to time, after the maturity of the note, and before the bringing- of the suit, to an amount exceeding that of the note, it is insisted the bank was bound to apply such funds to the payment of the note, and that not having done so, Voss was discharged. And the cases of McDonald v. Bank of Wilmington and Brandywine, 1 Harrington, 369, and Law v. East India Co. 4 Vesey, 824, are cited as authorities that, under such circumstances, a surety will be discharged. Without remark upon or consideration of these authorities, we do not regard them as having application to the case in hand. We do not recognize, in such a case as is here presented, the existence of any such obligation as the one which is asserted by appellant\u2019s counsel.\nIt is further set up, that there was an extension of the time of the payment of the note granted by the bank to Michelson, \u25a0whereby Voss was discharged. It is sufficient to say, that we find no sufficient evidence of any binding agreement for such extension.\nThe judgment is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Chief Justice Sheldon"
      }
    ],
    "attorneys": [
      "Messrs. E. & A. Van Bur\u00e9n, for the appellant."
    ],
    "corrections": "",
    "head_matter": "Arno Voss v. The German American Bank of Chicago.\nSurety\u2014discharge\u2014bank not appropriating deposit of principal. The fact that the principal in a note payable to a bank has funds on deposit in the bank after the maturity of the note, and before suit on the note, exceeding the sum due thereon, and the bank does not appropriate the same to its payment, does not discharge the surety.\nAppeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.\nMessrs. E. & A. Van Bur\u00e9n, for the appellant."
  },
  "file_name": "0599-01",
  "first_page_order": 599,
  "last_page_order": 600
}