Opinion
Gen. No. 41,403. (Abstract of Decision.)
Opinion filed March 31, 1941. Opinion modified and rehearing denied April 14, 1941.
AGENCY, § 183 — amount recoverable by agent seeking to enforce judgments bought up against principal. In action to enforce judgments, brought by alleged assignee thereof for purpose of subjecting interests of judgment debtors in certain property to such judgments, held that finding that actual owner of such judgments obtained them for a small part of their value while in confidential relationship to the judgment debtors was correct under the evidence, so that principle applied that agent should not be permitted to make profit, and decree should have provided that such actual owner, and party from whom he borrowed part of the money to buy the judgments, have a lien on the property only to the amount of their expenditures, with jurisdiction retained to see money was paid and judgments released.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. GEORGE F. RUSH, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at October term, 1940.
Deming, Jarrett Mulfinger, for appellant;
Henry E. Ayers, for certain appellees;
Horace A. Young, for certain other appellee.
"Not to be published in full." Opinion filed March 31, 1941. Opinion modified and rehearing denied April 14, 1941.