Hawes v. Sternheim
Appellate Court of Illinois
Memorandum.—Claim in probate based upon an appeal bond. In the Circuit Court of Cook County, on appeal from the Probate Court; the Hon. Edmund W. Burke, Judge, presiding. Trial by the court and claim disallowed; appeal by claimant. Heard in this court at the October term, 1894, and affirmed. Statement of the Case.
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Memorandum.—Claim in probate based upon an appeal bond. In the Circuit Court of Cook County, on appeal from the Probate Court; the Hon. Edmund W. Burke, Judge, presiding. Trial by the court and claim disallowed; appeal by claimant. Heard in this court at the October term, 1894, and affirmed. Statement of the Case. This is an appeal from, a judgment of the Circuit Court of Cook County, disallowing the claim of Benjamin F. Hawes against the estate of Abraham Sternheim, deceased, the claim having been originally filed in the Probate Court of Cook County, and the matter having been taken by…
1Opinion of the Court
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…
2Cases cited3 opinions
- Osborn v. FarwellIllinois Supreme Court · 1877
- Daggitt v. MenschAppellate Court of Illinois · 1891
- Daggitt v. MenschIllinois Supreme Court · 1892
3Cited by3 opinions
- Gibbons v. Chapin & GoreAppellate Court of Illinois · 1909
- Rehm v. HalversonAppellate Court of Illinois · 1901
- Hollywood Building Corp. v. Greenview Amusement Co.Appellate Court of Illinois · 1944