Legal Opinion

Despres v. Folz

Appellate Court of Illinois

Decided May 28, 1907No. Gen. No. 13,086PublishedCited by 1 opinion

Action of debt upon bond. Error to the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1906. Statement toy the Court. This is a suit upon a bond, the condition of which is thus stated: “The condition of the above obligation is such that whereas, said Sig.

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Action of debt upon bond. Error to the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1906. Statement toy the Court. This is a suit upon a bond, the condition of which is thus stated: “The condition of the above obligation is such that whereas, said Sig. Folz has contracted to act as salesman in the employ of said Despres & Company and it is contemplated that among the duties of his employment he may from time to time collect or otherwise receive moneys or other property belonging or due to said Despres &…

1Opinion of the Court

Mb. Peesiding Justice Freeman

delivered the opinion of the court.

The question presented by this record is whether the pleas, demurrers to which were overruled, set up a good defense to the plaintiffs’ action upon the bond. The additional plea sets up a written agreement made some months prior to the execution of the bond sued upon. The only words in the bond descriptive of a contract are found in the recital of the condition, viz.: “Whereas said Sig. Folz has contracted to act as salesman in the employ of said Despres & Company.” The terms of the contract of employment, and whether written or…

2Cases cited3 opinions

  1. Amicable Mutual Life Insurance v. SedgwickMassachusetts Supreme Judicial Court · 1872
  2. Burlington Insurance v. JohnsonIllinois Supreme Court · 1887
  3. Domestic Sewing Machine Co. v. WebsterSupreme Court of Iowa · 1877

3Cited by1 opinion

  1. City of Topeka v. National Surety Co.Supreme Court of Kansas · 1932

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