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132 Nat'l Corp. Rep. 1 (1955-1956)

handle is hein.journals/natcorprep132 and id is 1 raw text is: ,DEVOTED TO GENERAL NEWS, LAW, COMMERCE AND FINANCE ILL_ Volume 132. Number I. CHICAGO, DECEMBER 23, 1955 Subscription $2 a Year. Ten Cents a Copy EDWIN HALL COOKU, OFFICIaL REPORTmR. e (Volume 6, Second Series.) v (Illinois Advance Sheets.) s The People of the State of e Illinois, defendant in error, la vs. Hamby, plaintiff in error. s (Schaefer, J.) Vol. 6 (2nd), h p. 559. (No. 33480. -,Judg- u ment affirmed.) Criminal law 1 -addiction to narcotics may n affect credibility of witness- e accomplice. The fact that a witness, on her own testi- w mony, is a narcotics addict C has an important bearing up- R on her credibility, and when t she cooperates with police di officers in the arrest of the t defendant from whom she is s alleged to have purchased e narcotics and who is on trial t for the unlawful sale there- of, her situation is sufficiently P similar to that of an accom- plice to warrant close scru- tiny, but if her testimony is 1 c( rroborated, her credibility is a matter for the trial court 'h'aring the case without a ry. ',Same - probation rests in. cretion of court - review. 3 discretion of the trial rt in granting or refusing vbation is not subject to c 'Jiew, and the summary re- al of the trial judge to ,nt probation to a defend- found guilty of selling cotics, without any investi- ...ion or hearing in mitiga- 1, is not error, as the sta- requires the judges to 3ider both the offender and offense. (People vs. Dono- 376 Ill. 602, overruled.) * * * 'Levi Remillard, Exr., ap- ilant, vs. Leonie Remillard al., appellees. (Schaefer, Vol. 6 (2nd), p. 567. (No. 581. - Reversed and re- nded.) Wills-when widow :icts to take under will int a of homestead estate. It wvell established that where )perty in which there is a nestead estate is devised t te widow, and she accepts provisions of the will, she reby elects to take the prop- y under the will in lieu of homestead estate. 5ame - widow failing to , Iounce will is deemed to t to take under it. Al- ugh prior to 1939 section of the Dower Act stated ,t the surviving spouse who not renounce the will in :ordance with the statute all be deemed to have RECENT ILLINOIS SUPREME RECENT ILLINOIS lected to take such * * * de- ise * * * and the corre- ponding section of the pres- nt Probate Act omits this F anguage, it is clear that the n ame consequence must fol- ow by necessary implication [nder the present statute, and j unless the widow has re- nounced the will she has elect- ed to take under it.- I Same-failure to renounce will bars claim to homestead estate. Although neither the present statute (par. 169 of he Probate Act,) nor its pre- decessor expressly refers to the homestead estate of the surviving spouse, under the equitable doctrine of election to take under a will, accept- ance of the will for one pur- pose means acceptance for all purposes, and a failure to re- nounce is an election to take under the will, and will bar a claim for a homestead estate. Same - when widow has elected to take under her hus- band's will - homestead. Where a widow, who is be- queathed a life estate in the home by her husband's will, continues to occupy the house after his death but does not renounce the will, she has elected to take under the will, and she cannot claim, in an- swer to the executor's petition to sell the property to pay debts, that her occupancy was of the homestead only and that, not having elected to take under the will, she is entitled to her homestead in- terest. * * * Esther Gordon, appellee, vs. James Gordon et al.-(Ameri- can National Bank and Trust Company of Chicago, appel- lant.) (Daily, J.) Vol. 6 (2nd), p. 572. (No. 33367.- Order affirmed.) Trusts-na- ture of beneficiary's interest. The nature of a beneficiary's interest in a trust is dependent upon the terms of the trust agreement, the beneficiary, in the absence of an express pro- vision to the contrary, being ordinarily the equitable owner of the trust res, and where the corpus of the trust is real property, the interest of the beneficiary is also real prop- erty, the only exceptions to this rule being where the doc- trine of equitable conversion applies, or where the inter- est of the beneficiary is of such a limited duration that, even if it were a legal estate, (Continued on page 9) COURT DECISIONS IPPELLATE COURT DECISIONS FIRST DISTRICT First Division Presiding Justice Hugo M. Friend, Justice Grover C. Nie- meyer, Justice Joseph Burke. Second Division Presiding Justice John V. Mc- Cormick, Justice Edwin A. Robson, Justice Ulysses S. Schwartz. Third Division Presiding Justice John Charles Lewe, Justice Michael Feinberg, rustice Roger J. Kiley. Clerk, Leslie V. Beck. Digested for THE NATIONAL COR- PORATION REPORTER by Frederick A. Rowe, Jr. 46654. December 14, 1955. Sutherland, appellee, vs. Guc- cione et al., etc., defendants, on appeal of Sandquist etc., appellant, on appeal of Suth- erland, plaintiff-appellant. Appeal from Circuit Court of Cook County. Judgments af- firmed. (Kiley, J.) Personal injuries- Pedestrian struck by truck when crossing street --Parked car blocking cross- walk. This is a personal in- jury action. At the trial the jury found one of the de- fendants guilty and awarded plaintiff damages. The other defendant was found not guil- ty. The defendant found guilty moved for a new trial, and plaintiff moved for a new trial as to the defendant found not guilty. The motions were denied and judgments were entered on the verdicts. The defendant found guilty has appealed from the judg- ment against him, and plain- tiff has cross-appealed fror the judgment in favor of the other defendant. Plaintiff, a pedestrian, was struck by the body of the truck owned by the defendant found not guff. ty and was injured. The de- fendant found guilty had his parked car blocking the cross walk. The issues with respect to the latter defendant arE whether there is any evidencE that he was negligent; wheth er the position of his car waF tile proximate cause of th( injury; whether there is an evidence of plaintiff's du( care; and whether the verdic as to him was, against th manifest weight of the evi dence. The court held that presumption of ownershi: arises from the presence o one's name on a vehicle. Th presumption that an agen was in his master's servic arises from the agent's opera tion of the master's truck. Th presumption that defendan parked his car in the cross walk is prima facie proof c negligence sufficient to tak the case to the jury. His tes- timony that he did not park the car in the crosswalk could not be ignored by the jury un- ir less it was impeached, con- s tradicted or from its nature b was not credible. The jury c was free to disregard his tes- n timony that he did not park d his car in the crosswalk be- c cause, considered with the s whole of his testimony, its ( vagueness and indefiniteness, p the jury could reasonably con- I clude that his account dis- c credited his story. It cannot 2 be said as a matter of law that 2 the jury was bound to accept ( this defendant's statement on t the grounds that it was posi- h tive and uncontradicted. The s jury was free to consider the c fact that defendant had an in- i terest in the suit as a party; r they also had the advantage f of observing his manner of testifying. The jury could rea- t sonably have found that the c course plaintiff followed was r prudently selected from the I alternatives possible under the circumstances. Taking the evi- dence in its most favorable 1 light to plaintiff reasonable men could conclude that de- t fendant should have foreseen that parking his car unlaw- fully in the crosswalk would block the path of pedestrians crossing the street; that pe- destrians would have to find access to the sidewalk; that this action might require their straddling through between the parked cars and other ve- hicles stopped for a traffic sig- nal; and that a pedestrian might be trapped in this space and be struck and injured. This is sufficient to take this question to the jury. The ver- dict against this defendant is not contrary to the manifest weight of evidence. - ,* * * s 46702. December 14, 1955. -Thoele, eppelant, vs. Mazel t et al., etc., et al., defendants, e Buriegl etc., appellee. Appeal e from Superior Court of Cook - County. Affirmed. (Feinberg, s J.) Personal injuries-Falling e off alleged defective steplad- y der-Complaint insufficient as e to defendant in whose place of t business accident occurred. e Plaihtiff appeals from an or- i- der dismissing his complaint a upon the motion of defendant- p appellee. Plaintiff elected to )f stand upon his amended com- e plaint. The court entered it judgment for costs against e plaintiff as to said defendant. - The cause remained pending e against the other defendants. it Plaintiff's injuries were caused s- by a fall while standing on )f an alleged unsafe stepladder e (Continued on page 9) Entered as Second Clam Matter, October IS. 1890, a the Post Office at Chicago, III, under Act of March 3. 1179. .inancial-Comneri ***Dun & Bradstreet, Inc., n its weekly review of whole- ale commodity prices, Decem- er 14, says: The general ommodity price level rose moderately this week largely .ue to firmer grain prices and ontinued advances in steel crap. The Daily Wholesale Commodity Price Index, com- piled by Dun & Bradstreet, nc., closed at 278.87 on De- ember 13, as compared with 276.91 a week previous, and 275.93 at this time a year ago: Grain prices, particularly in the cash markets, moved higher for the second succes- sive week, influenced to some degree by Washington reports ntimating there would be a return to high support prices for high quality grain. Wheat was also stinulated by po- tential export business and continued dry weather over most of the hard winter wheat belt. Export sales of wheat were fairly large but had little effect on trading. Corn edged upward as producer market- ings dropped 30 per cent below those of a week ago. Industry buying of yellow cereal was quite active. Oats moved higher with marketings in- sufficient to cover the demand. Trading in grain and soybean futures on the Chicago Board of Trade this week averaged 41,100,000 bushels per day, down from 48,300,000 the pre- vious week, and 55,400,000 in the same week last year. Trading in the domestic flour market continued on a routine basis at the mill level but some jobbers were reported moving fairly good quantities of hard wheat flours to small bakers in anticipation of holiday busi- ness. Coffee prices continued easier as the result of week- end liquidation of nearby po- sitions in the futures market and a lack of demand in the actual market where roasters showed only a limited interest in green coffee offerings. Clear- ances from Brazil were lower for the week. Demand of cocoa was spotty. Prices were irreg- ular and closed moderately lower for the week. Ware- house stocks cocoa were up 10,514 bags from a week ago, and totaled 296,514 bags, as against 99,064 bags on the corresponding date last year. Raw sugar prices were steady at the lower basis established early last week with a broader interest in new crop sugars noted as the week ended. Hog prices continued at around the lowest levels in fourteen years. Lard prices also worked lower as a record volume of hog (Continued on page 10)

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