Hungate v. Reynolds

Citations

• 72 Ill. 425

Syllabus

<p>1. Principal and agent—administrator liable for fraudulent act of agent. Where the agent of an administrator, in his name, made an illegal and fraudulent sale of property under a chattel mortgage given to his intestate, it was held, that, he was liable to the mortgagor for the difference between the mortgage debt and the value of the property so illegally sold, notwithstanding he was himself not guilty of any wilful default or fraud.</p> <p>3. Administrator—liability of, for fraudulent sale under chattel mortgage to intestate. Where property is fraudulently sold by an administrator, under a chattel mortgage given to his intestate, for less than its value, the mortgagor not only has a remedy against the administrator personally, for the value of the property over and above the mortgage debt, but he is entitled to have the value of the property applied to tire extinguishment of the debt to the estate.</p> <p>3. Chattel mortgage—sale of property in parcels, or separately—remedy in equity. At a sale under a chattel mortgage, ten head of horses were offered and sold in one lot, to the agent of the mortgagee, for less than the mortgage debt, there being other persons present who wished to purchase a portion only of the horses, some of whom suggested that they be sold separately. Upon a bill filed by the mortgagor to have the note and mortgage surrendered and canceled, and that the mortgagee pay to complainant the difference between the amount remaining due upon the mortgage debt after deducting the amount for which the horses sold, and the reasonable vaiue of the horses, or what they would have sold for if sold separately, it was held, that the case was properly cognizable in equity, and that complainant was entitled to the relief prayed for.</p> <p>4. Chancery—hea/ring while cross-bill remains undisposed of. Where it appears from the record that a cross-bill was filed, but no steps whatever taken under it, and the parties voluntarily go to a hearing, the cross-bill ma