Sidway v. American Mortgage Co. of Scotland, Ltd.
Appellate Court of Illinois
Bill for accounting. Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Statement by the Court. Defendant in error filed its bill in the Circuit Court of Cook county against plaintiffs' in error for an accounting. For several years prior to the beginning of the suit plaintiffs in error had acted as the agents of defendant in error, in loaning money, collecting interest and in managing and renting property.
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Bill for accounting. Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Statement by the Court. Defendant in error filed its bill in the Circuit Court of Cook county against plaintiffs' in error for an accounting. For several years prior to the beginning of the suit plaintiffs in error had acted as the agents of defendant in error, in loaning money, collecting interest and in managing and renting property. The bill claims that plaintiffs in error collected large sums of money for defendant in error, and did not report them or pay them over to defendant in…
1Opinion of the CourtJustice Smith
It is urged by plaintiffs in error that the decree is erroneous, in that it does not allow them credit for services to the amount of $44,500, and for commissions $2,111.56. They also complain of the allowance of interest tó defendant in error on the sums held in the alleged suspense account.
The question of fact as to whether the Sidway claim for extra services amounting to $44,500, or any other sum, should be allowed or not, turns upon the contract between the parties. The mortgage company contends that the business between the parties was all conducted upon the basis set forth in the letter…
2Cases cited2 opinions
- Vennum v. GregorySupreme Court of Iowa · 1866
- Jones v. HoytSupreme Court of Connecticut · 1856