Boyer v. Donne

Appellate Court of Illinois

Boyer v. Donne

81 Ill. App. 168, 1898 Ill. App. LEXIS 531

DecidedMarch 10, 1899

StatusPublished

This text of 81 Ill. App. 168 (Boyer v. Donne) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boyer v. Donne, 81 Ill. App. 168, 1898 Ill. App. LEXIS 531 (Ill. Ct. App. 1899).

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Opinion

Mr. Justice Worthington

delivered the opinion of the court.

This case hinges upon the issue as to whether Lambe, when he converted the Stein note to his own use, was the agent of appellant or of appellee. If he was the agent of appellee she„ is liable for its conversion. If he was not her agent she is not liable. The onus of proving that he was the agent of appellee was upon appellant. It is a question of the weight of evidence. The trial court upon this issue found for appellee. We see no valid reason for disagreeing with this finding. Judgment affirmed.

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Mr. Justice Worthington

delivered the opinion of the court.

This case hinges upon the issue as to whether Lambe, when he converted the Stein note to his own use, was the agent of appellant or of appellee. If he was the agent of appellee she„ is liable for its conversion. If he was not her agent she is not liable. The onus of proving that he was the agent of appellee was upon appellant. It is a question of the weight of evidence. The trial court upon this issue found for appellee. We see no valid reason for disagreeing with this finding. Judgment affirmed.

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81 Ill. App. 168, 1898 Ill. App. LEXIS 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyer-v-donne-illappct-1899.