J. Obermann Brewing Co. v. Gurney

Appellate Court of Illinois

J. Obermann Brewing Co. v. Gurney

33 Ill. App. 58, 1888 Ill. App. LEXIS 452

DecidedApril 17, 1889

StatusPublished

This text of 33 Ill. App. 58 (J. Obermann Brewing Co. v. Gurney) 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.

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J. Obermann Brewing Co. v. Gurney, 33 Ill. App. 58, 1888 Ill. App. LEXIS 452 (Ill. Ct. App. 1889).

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Opinion

Garnett, P. J.

Appellee sued appellant in an action ofassumpsit in the Superior Court on a written instrument, which reads as follows:

8400.

Chicago, Sept. 25, 1885.

Due Gustav Weishaupt,- the sum of four hundred dollars for value received. Interest six per cent from date until paid. Said sum to be paid in full one year from date. It is further agreed that we will pay him on account of said sum during said year such sums as our books show credit due to Charles Clark from day to day.

J. Obermann Brewing Company,

(Limited)

By G. J. Obermann, Vice-president.

Weishaupt indorsed and transferred the paper to appellee, for whom judgment was given. The defense now urged is in effect that appellant’s officer, who attended to the transaction, did not understand the legal effect of the instrument. Ho claim is set up that the execution of the instrument was procured by fraud and circumvention. The vice-president, who wrote the signature, admits that he knew at the time what was in the paper, and says he ought to have known better than to sign it, but he had confidence he was being protected. That was the time to provide for appellant’s protection, if any was agreed on. The understanding of appellant, or its erroneous interpretation of the terms of the writing, can not be interposed as a defense. The words are plain and unambiguous, the consideration was sufficient in law, and we see no reason to disturb the judgment.

Decree affirmed.

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Garnett, P. J.

Appellee sued appellant in an action ofassumpsit in the Superior Court on a written instrument, which reads as follows:

8400.

Chicago, Sept. 25, 1885.

Due Gustav Weishaupt,- the sum of four hundred dollars for value received. Interest six per cent from date until paid. Said sum to be paid in full one year from date. It is further agreed that we will pay him on account of said sum during said year such sums as our books show credit due to Charles Clark from day to day.

J. Obermann Brewing Company,

(Limited)

By G. J. Obermann, Vice-president.

Weishaupt indorsed and transferred the paper to appellee, for whom judgment was given. The defense now urged is in effect that appellant’s officer, who attended to the transaction, did not understand the legal effect of the instrument. Ho claim is set up that the execution of the instrument was procured by fraud and circumvention. The vice-president, who wrote the signature, admits that he knew at the time what was in the paper, and says he ought to have known better than to sign it, but he had confidence he was being protected. That was the time to provide for appellant’s protection, if any was agreed on. The understanding of appellant, or its erroneous interpretation of the terms of the writing, can not be interposed as a defense. The words are plain and unambiguous, the consideration was sufficient in law, and we see no reason to disturb the judgment.

Decree affirmed.

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33 Ill. App. 58, 1888 Ill. App. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-obermann-brewing-co-v-gurney-illappct-1889.