Cole v. Glasgow

Full title: Margaret Cole, Appellant, v. Carl I. Glasgow et al., Appellees

Court: Appellate Court of Illinois

Date published: Feb 29, 1944

322 Ill. App. 76 (Ill. App. Ct. 1944)

53 N.E.2d 751

Opinion

Gen. No. 9,412. (Abstract of Decision.)

Opinion filed February 29, 1944

FRAUD AND DECEIT, § 86^_ — burden of proof where fiduciary relationship exists. Where evidence established existence of fiduciary relationship between plaintiff and defendant, burden rested upon defendant to show that transactions complained of were fair and equitable.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Piatt county; the Hon. CHAS. Y. MILLER, Judge, presiding.

Reversed and remanded with directions. Heard in this court at the February term, 1944.

Dwight H. Doss, for appellant;

Robt. P. Shonkwiler, for certain appellees;

E.J. Hawbaker, pro se.

Opinion by PRESIDING JUSTICE DADY.

Not to be published in full. Opinion filed February 29, 1944.