Darlington v. Chamberlin

Citations

• 120 Ill. 585
• 12 N.E. 78

Syllabus

<p>1. Appeal—affirmance in the Appellate Court, as a finding of facts— conclusiveness. A judgment of affirmance by the Appellate Court must be taken as a finding of all such facts as are necessary to sustain the judgment of the trial court, and such finding must be accepted as true.</p> <p>2. Commission merchant—diverting funds to account of an agent. A bought live stock with money furnished by B, under an agreement they were to belong to B. A shipped the same in his own name, for the reason he could get better shipping rates, to C, a commission merchant in Chicago, for sale, and directed C to place the proceeds in a certain bank for B, as had been often done before. But C applied the proceeds upon notes held by him on A, claiming a factor’s lien: Held, that, under the facts, C became liable in an action to B for the amount of the proceeds of the stock.</p>