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· 1/15/1869

Staley v. Dodge

Citations

  • 50 Ill. 43

Syllabus

<p>1. Attorney and client—of the relation of trust and confidence. An attorney, in his relations as such with his client, is bound to disclose all the facts within his knowledge, and cannot avail himself of any settlement obtained through an undue advantage, by withholding facts in his possession as such attorney.</p> <p>2. So, where an attorney is employed by one of the administrators of an estate, to collect the debts due the estate, under an agreement that he should look to the estate for the fees for his services in that behalf, and such attorney obtains a settlement with the other administrator, without disclosing his previous agreement, such settlement, under which he was allowed to retain money collected by him, will not be binding against the estate, and the money so retained may be recovered as money in his hands belonging to the estate.</p>

Judges: Walker

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