PAUL v. STRITCH, 328 Ill. App. 129 (1946)

65 N.E.2d 240

Gen. No. 43,204. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed February 13, 1946 Released for publication March 8, 1946

TRUSTS, § 233[*] — when complaint for accounting was properly dismissed. On appeal from judgment dismissing amended complaint for accounting, where it was alleged that one of defendants, a corporation sole, had received money contrary to oral trust agreement, of which plaintiff and one of defendants were beneficiaries, and it appeared that money deposited with defendant was not same as subject of oral trust and defendant was not charged with participating in fraud, held that order dismissing amended complaint should be affirmed.

Appeal from the Circuit Court of Cook county; the Hon. JULIUS H. MINER, Judge, presiding.

Affirmed. Heard in the third division, first district, this court at the October term, 1944.

John G. Riordan, for appellant;

Kirkland, Fleming, Green, Martin Ellis, for appellee;

William H. Symmes, Charles R. Morrow and John M. O’Connor, Jr., of counsel.

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed February 13, 1946; released for publication March 8, 1946.