Chicago Journal Co. v. Union Life Insurance, 185 Ill. App. 462 (1914)

March 26, 1914 · Illinois Appellate Court · Gen. No. 19,045
185 Ill. App. 462

The Chicago Journal Company, Plaintiff in Error, v. Union Life Insurance Company, Defendant in Error.

Gen. No. 19,045.

(Not to be reported in full.)

Abstract of the Decision.

Corporations, § 357 * —authority of president to contract for personal advertisement. In an action by a newspaper corporation to recover for publishing a picture and biography of the president of an insurance company under a written request signed by the president in the name of the insurance company, a finding and judgment for defendant held proper, there being no evidence tending *463to prove that the president was authorized to contract for the publication at the expense of the corporation, and it appearing that the publication contracted for was purely a personal advertisement of the president and not for the purpose of advertising the business of the company.

*462Error to the Municipal Court of Chicago; the Hon. Henry C. Beitlee, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Affirmed.

Opinion filed March 26, 1914.

Statement of the Case.

Action Tby Chicago Journal Company against Union Life Insurance Company to recover a sum claimed to he due upon a written contract signed by “Union Life Ins. Co., By E. C. Spinney, Pt.” The contract was in the form of a letter addressed to plaintiff stating plaintiff was authorized to make a half-tone engraving of Spinney and print the same, including a brief biography of him as “Pres. Union Life Ins. Co.” Upon a trial without a jury, the court found the issues for defendant, and from the judgment entered thereon plaintiff brings error.

Horace C. Bennett, for plaintiff in error; Enoch Harpole, of counsel.

Eastman & White, for defendant in error; Balph B. Hawxhurst, of counsel.

Mr. Presiding Justice Fitch

delivered the opinion of the court.