· 10/3/1985
In Re Thebus
Citations
- 483 N.E.2d 1258
- 108 Ill. 2d 255
- 91 Ill. Dec. 623
- 1985 Ill. LEXIS 274
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an action for conversion of funds may not be maintained to satisfy a mere obligation to pay money
- finding that the Internal Revenue Service became a creditor of the defendant by aUowing the defendant to collect taxes for it
- noting that where an attorney is charged with conversion, Rule 9-102 of the Code of Professional Responsibility mandates a different analysis than the typical debt case
- holding failure to remit funds owed was not conversion because the funds were not in a separate, identifiable fund
- stating an action for conversion usually “lies only for personal property which is tangible, or at least represented by or connected with something tangible”
- mere creation of debtor/creditor relationship through checking account does not satisfy requirement of establishing specific and identifiable property
Source: CourtListener parenthetical corpus (CC0).
Judges: Ryan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.