Davis v. Hamlin
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. This was a bill in equity, brought by John A. Hamlin, against William J. Davis, seeking to have the latter declared to be a trustee for the former of a certain lease of the Grand Opera House in Chicago, which Davis had obtained for himself from William Borden.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. This was a bill in equity, brought by John A. Hamlin, against William J. Davis, seeking to have the latter declared to be a trustee for the former of a certain lease of the Grand Opera House in Chicago, which Davis had obtained for himself from William Borden. Upon the hearing the circuit court decreed the relief prayed for. The decree was affirmed by the Appellate Court for the First District, and the defendant appealed to this…
1Opinion of the CourtChief Justice Sheldon
Under the facts in this case the only question arising is, whether Hamlin, by reason of Davis’ agency and confidential relation to him, is entitled to the benefit of the lease executed by Borden to Davis.
In the employment of an agent the principal bargains for the disinterested skill, diligence and zeal of the agent for his own exclusive benefit. Upon entering into the employ of Hamlin, there rested upon Davis the duty of fidelity to his employer’s interest, and of acting for the furtherance and advancement of the business in which he was engaged, and not in its injury. We view the whole…
2Cases cited3 opinions
- Devall v. BurbridgeSupreme Court of Pennsylvania · 1842
- Fairman v. BavinIllinois Supreme Court · 1862
- Gillenwaters v. Miller, Gardner & Co.Mississippi Supreme Court · 1873
3Cited by65 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Roby v. ColehourIllinois Supreme Court · 1890
- Forlaw v. Augusta Naval Stores Co.Supreme Court of Georgia · 1905
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
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