Wertheimer v. Glanz

Plaintiff in a trial by the court had a judgment for $600, from which defendant appeals.

Defendant first says that this is an action for fraud and deceit but that the evidence does not support this charge. It is well established that in an action of the fourth class in the municipal court pleadings are not controlling and the rights of the parties are dependent upon the evidence produced at the trial. Walsh v. Fallis, 266 Ill. App. 341.

Plaintiff’s claim is that defendant, as trustee, wrongfully released a trust deed on real estate given to secure certain bonds, of which plaintiff owned $600…