Garvy v. Baldino

Appellate Court of Illinois

Garvy v. Baldino

189 Ill. App. 466

CourtAppellate Court of Illinois

DecidedNovember 19, 1914

DocketGen. No. 19,885

StatusPublished

This text of 189 Ill. App. 466 (Garvy v. Baldino) 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

Garvy v. Baldino, 189 Ill. App. 466 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Trusts, § 78*—when third person may he required to account in equity. A person who actively and knowingly assists a real estate broker in defrauding his principal may be required in equity to account for property which he received, though he occupied no fiduciary relation towards the principal. 4. Jury, § 9*—right to jury trial in equity. Where a court of equity has jurisdiction, a party is not entitled as a matter of right to a jury trial in chancery, and such a trial does not violate any constitutional right of trial by jury. 5. Trust, § 244*—when hill need not allege insolvency of defendants. Where a violation of trust and fraud are charged in a bill and an accounting and an injunction sought, it is not necessary that there be an allegation that defendants are insolvent or financially irresponsible.

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Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Trusts, § 78*—when third person may he required to account in equity. A person who actively and knowingly assists a real estate broker in defrauding his principal may be required in equity to account for property which he received, though he occupied no fiduciary relation towards the principal. 4. Jury, § 9*—right to jury trial in equity. Where a court of equity has jurisdiction, a party is not entitled as a matter of right to a jury trial in chancery, and such a trial does not violate any constitutional right of trial by jury. 5. Trust, § 244*—when hill need not allege insolvency of defendants. Where a violation of trust and fraud are charged in a bill and an accounting and an injunction sought, it is not necessary that there be an allegation that defendants are insolvent or financially irresponsible.

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Bluebook (online)

189 Ill. App. 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garvy-v-baldino-illappct-1914.