Lindquist v. Friedman's, Inc.

• Decision Date: 20 April 1936
• Docket Number: Gen. No. 38696.
• Citation: 285 Ill.App. 71,1 N.E.2d 529
• Court: United States Appellate Court of Illinois
• Parties: LINDQUIST ET AL. v. FRIEDMAN'S, INC., ET AL.

285 Ill.App. 71

1 N.E.2d 529

LINDQUIST ET AL.

v.FRIEDMAN'S, INC., ET AL.

Gen. No. 38696.

Appellate Court of Illinois, First District, First Division.

April 20, 1936.

Appeal from Superior Court, Cook County; E. I. Frankhauser, Judge.

Action by Edith C. Lindquist and another against Friedman's, Inc., and another. From judgment for plaintiffs, defendants appeal.

Affirmed.

McSURELY, P. J., dissenting. Max M. & Samuel Grossman, of Chicago (Sid Mogul, of Chicago, of counsel), for appellants.

Schofield & Wood, of Chicago (Frank Schofield and David H. Kraft, both of Chicago, of counsel), for appellees.

O'CONNOR, Justice.

Plaintiffs brought an action against the defendants to recover damages for an alleged false arrest and imprisonment. There was a jury trial and a verdict in favor of each plaintiff and against the defendants for $1,000. Upon a remittitur of $250 on each verdict, a judgment was entered on the verdicts for $750 in favor of each plaintiff, and defendants appeal.

The record discloses that on Saturday, March 24, 1934, at about 3:15 p. m., plaintiff Agnes Lindstrom, accompanied by her aunt, Edith C. Lindquist, the other plaintiff, entered defendant Friedman's, Inc., department store located in the northwest section of Chicago, to shop. Miss Lindstrom made a $2 purchase of some silk, for which she paid; they then went to another counter, where Miss Lindstrom made another purchase which amounted to $3.74; she handed the saleswoman a $5 bill; the saleswoman examined it and pronounced it a counterfeit; the bill was then shown to the cashier and then to defendant Maurice Friedman, who was president of the defendant corporation and managed the department store. He went over to the counter where plaintiffs were standing, told them the bill was counterfeit, that he had notified the police, who were coming to the store in a few minutes, and that plaintiffs would have to wait until the police arrived. There is some dispute (which will be hereinafter referred to) as to what was said and done at the time. About ten or fifteen minutes later two uniformed policemen came into the store and were shown plaintiffs, who were still standing at the counter; after some questions, the policemen and defendant Friedman went to the president's office on the same floor and some further questions were asked; thereupon the policemen told plaintiffs they would have to go to the police station, and they all went out; plaintiffs and the two officers got into the police patrol and were driven to the station six or seven blocks from the department store. A few minutes thereafter the parties were followed by Friedman; they were interrogated by police officers at the police station, who then notified a government official in charge of investigating matters in connection with the passing of counterfeit bills, and about a half hour afterward two employees of the government came, and, after questioning plaintiffs and being satisfied they were entirely innocent of any wrongdoing, told them they could go home, and plaintiffs walked to their home, a distance of about five blocks.

Plaintiff Lindstrom testified that she was 33 years old, and at the time of the occurrence in question lived with her aunt, the other plaintiff, and the aunt's brother, about five or six blocks from defendants' department store; that prior to and at the time of the difficulty she was employed continuously for about 15 years as a stenographer by Fleishman Transportation Company at 327 S. La Salle street, and was receiving $27 a week, her salary being paid twice a month by check; that for a number of years she had lived in the vicinity of defendants' store, where she had been dealing for about 14 years; that she had a “nodding acquaintance” with defendant Friedman; that about 10 days prior to the arrest she had taken her check for 2 weeks' salary, deposited part of the proceeds in the Harris Trust & Savings Bank, and at the time she went to defendants' store she had about $20 in currency in her purse. After detailing the two purchases made by her, she further testified that defendant Friedman came to where she was standing at the counter, with the $5 bill in his hands, and said, “I have called the police. You will have to wait here”; that there were a good many customers in the store at the time; that Friedman stood near plaintiffs until two uniformed policemen arrived some fifteen or twenty minutes later; that all the parties then went into Mr. Friedman's office in the store, which was about 50 feet from where they had been standing; that the police stated the counterfeit bill was a “pretty good bill,” and that Mr. Friedman said plaintiffs would have to go to the station with the police officers, who wanted to take the matter up with other police officers at the station; that the officers asked plaintiffs their names, where they lived, and where they worked; that the officers then stated they would all have to go to the station; that she then asked Mr. Friedman if they were going with him in his car or with the police officers, and Mr. Friedman said they would have to go with the officers; that a number of customers were looking at them, and that they then went out of the store, got in the police squad car which was parked around the corner, and were driven to the station; that they were taken to the lieutenant's office, where they were questioned, and shortly thereafter Mr. Friedman came into the office; that the officer asked their names, where they thought they got the $5 bill, and were told where the plaintiffs worked, and that during the questioning Mr. Friedman was present; that about twenty minutes later two government men came, having been telephoned for by the police, and, after plaintiffs were interrogated by these men, the police telephoned to plaintiff Lindstrom's employer and told him that the women were held at the Summerdale police station for passing a counterfeit bill, and the office advised that plaintiff Lindstrom had worked for them for 14 years and was still employed there; that Mr. Friedman stayed about five minutes while the questioning was going on and then left; that about 5 o'clock the officers told plaintiffs they could go home, which they did.

Edith C. Lindquist, the other plaintiff, testified she was 45 years old, and at the time of the trial was employed by the United States government in the internal revenue department, but was not employed at the time of her arrest; that she was born in Chicago and had lived there continuously. Her further testimony is substantially the same as that of her niece, the other plaintiff. Plaintiffs both testified they were very much embarrassed, disturbed, and nervous at the time in question and for a considerable time thereafter.

The $5 bill was pronounced counterfeit, retained by the government officials, and is in the record. We think very few people receiving it would have noticed that it was not genuine.

Irene Gutch, the saleslady who waited on plaintiff at the time, but who was not employed by defendants at the time of the trial, called by defendants, testified that about a week before one of the girls in the store had received a $5 counterfeit bill, and the employees were all informed to thereafter look at such bills closely; that upon receiving the $5 bill from plaintiff she took the matter up with the cashier; that Mr. Friedman came over to the counter and said to plaintiff, “I am sorry, Madam, but we cannot accept this bill because it is a counterfeit. The only thing we can do is turn it over to the authorities,” and that the authorities would give plaintiff a receipt for it. She further testified that Friedman told another employee to notify the authorities, and then walked away toward the front of the store; that the two women remained standing at her counter for about ten minutes, when two uniformed police officers came; that Mr. Friedman took them to where the women were standing, and at Friedman's suggestion they all went into Mr. Friedman's private office; and, after some questioning, she testified she had worked at defendants' store for about 3 years and did not know either plaintiff.

Thomas Cleary, one of the police officers called by defendants, testified: That on the day in question a call came to the Summerdale police station, and he and another officer took a squad car and went to defendants' department store, a distance of about four blocks. That they parked their car, went into the store, some one met them at the door and told them some one had attempted to pass a counterfeit bill. Mr. Friedman came over, talked to them and took them to where plaintiffs were standing at the counter. That he asked plaintiffs where they got the bill and was told at the...