Baer v. Knewitz

Appellate Court of Illinois

Baer v. Knewitz

39 Ill. App. 470, 1890 Ill. App. LEXIS 493

CourtAppellate Court of Illinois

DecidedFebruary 26, 1891

StatusPublished

Cited by2 cases

This text of 39 Ill. App. 470 (Baer v. Knewitz) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baer v. Knewitz, 39 Ill. App. 470, 1890 Ill. App. LEXIS 493 (Ill. Ct. App. 1891).

Pincite

Opinion

Phillips, P. J.

There is no allegation in this bill that Aaron Baer ever accepted the deed from Conrad Benner and Elizabeth Benner. The recital in the deed is not the promise of Baer, the grantee; and unless his assent is averred that recital is not sufficient, standing alone, to create a liability against him. The averments of the bill are not sufficient on a default to authorize a decree, pro confesso, against the plaintiff in error for a personal liability for the debt of Conrad Benner. Thompson v. Dearborn et al., 107 Ill. 87. The court erred in rendering a decree for the payment of $671.95. That decree of the September term, 1889, awarding execution, is reversed and the cause remanded.

Reversed and remanded.

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Phillips, P. J.

There is no allegation in this bill that Aaron Baer ever accepted the deed from Conrad Benner and Elizabeth Benner. The recital in the deed is not the promise of Baer, the grantee; and unless his assent is averred that recital is not sufficient, standing alone, to create a liability against him. The averments of the bill are not sufficient on a default to authorize a decree, pro confesso, against the plaintiff in error for a personal liability for the debt of Conrad Benner. Thompson v. Dearborn et al., 107 Ill. 87. The court erred in rendering a decree for the payment of $671.95. That decree of the September term, 1889, awarding execution, is reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

39 Ill. App. 470, 1890 Ill. App. LEXIS 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baer-v-knewitz-illappct-1891.

Opinion

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