St. Louis, Alton & Terre Haute Railroad v. Thomas

Citations

• 85 Ill. 464

Syllabus

<p>1. Practice—proforma order overruling motion for new trial. The practice of overruling a motion for a new trial proforma is new, and should not be encouraged. In the future this court will refuse to act on such orders.</p> <p>2. Master ahd servant—liability of clerk for money loaned, by Mm. A cashier or clerk of a railway company who has charge of its moneys, is under a legal liability to the company to take care of and preserve its funds so intrusted to him, and if he loans the company’s money to a</p> <p>fellow servant without the order or direction of any one having the right to give such order, he will be liable personally to the company for the same, and if he pays the same he can not recover it back.</p> <p>3. Duress—opinion of criminal liability. Where a party is induced to pay money to his employer to make up a deficiency in moneys intrusted to him as clerk, and his brothers, after examining the books, advise him that he is liable to a criminal prosecution, and another servant or employee of the same master gives him the same opinion, and advises a settlement, but makes no threat of a prosecution, it can not be said that the money is paid under duress.</p> <p>4. Evidence—party’s own letters. In a suit by an employee of a railway company, to recover back money paid by him to the company, letters written by the plaintiff to the officers of the company are not admissible as evidence in his favor.</p>