Hawes v. Sternheim

Appellate Court of Illinois

Hawes v. Sternheim

57 Ill. App. 126, 1894 Ill. App. LEXIS 234

Appellate Court of Illinois·Decided December 20, 1894·Published·Cited by 3 cases

Opinion

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

In Daggitt v. Mary Mensch et al., 41 Ill. App. 403, affirmed in 141 Ill. 395, it is held that upon such a bond as this the obligors are liable only in the event that the “ judgment from which the appeal was taken should be affirmed or the appeal dismissed.”

The bond in the present case may be differently punctuated from that passed upon in Daggitt v. Mensch, supra, but punctuation, while it may shed light upon, is never allowed to overrule the plain meaning of the words of a contract. Osborn v. Farwell, 87 Ill. 89. The judgment of the Circuit Court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

In Daggitt v. Mary Mensch et al., 41 Ill. App. 403, affirmed in 141 Ill. 395, it is held that upon such a bond as this the obligors are liable only in the event that the “ judgment from which the appeal was taken should be affirmed or the appeal dismissed.”

The bond in the present case may be differently punctuated from that passed upon in Daggitt v. Mensch, supra, but punctuation, while it may shed light upon, is never allowed to overrule the plain meaning of the words of a contract. Osborn v. Farwell, 87 Ill. 89. The judgment of the Circuit Court is affirmed.

Hawes v. Sternheim, 57 Ill. App. 126, 1894 Ill. App. LEXIS 234 (Ill. Ct. App. 1894).

Pincite

57 Ill. App. 126 (Hawes v. Sternheim) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related