Opinion
Gen. No. 40,519. (Abstract of Decision.)
Opinion filed December 13, 1939.
ASSUMPSIT, § 31 — action on common counts, trust not fully discharged. Where assets of partnership were transferred to firm, which was to pay debts and perform certain other duties, beneficiary could not recover from law firm for money allegedly paid it and charged against trust funds, because common counts for money had and received will not lie while trust is still open, and it did not appear from complaint that debts had been paid or trust fully discharged.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook County; Hon. HARRY M. FISHER, presiding. Affirmed. Heard in third division, first district, at December term, 1938; opinion filed December 13, 1939.
West Eckhart, for appellants; John Neal Campbell, James B. Wescott and William L. Bourland, of counsel; A. J. Hennings and Willard A. Pease, for certain appellees; Malcolm McKerchar, of counsel; Tom Leeming, for certain other appellees.
"Not to be published in full."