#### Frank Kubasiak, Defendant in Error, v. Louis D. Los, Plaintiff in Error.

Gen. No. 20,165.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph E. Ryan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Reversed and remanded.

Opinion filed December 22, 1914.

Statement of the Case.

Action by Frank Kubasiak against Louis D. Los for the return of money alleged to be withheld. From a judgment in favor of plaintiff, defendant brings error.

Defendant contended that the money was given bim in payment of services rendered under a contract with plaintiff to collect an insurance policy. On the death of his wife, plaintiff became entitled to seven hundred and fifty dollars as beneficiary to insurance in a fraternal organization. Defendant was the local manager *113of the organization. His duties were merely to obtain new members and to collect dues during the first five months of their membership. His sole compensation was a commission derived from the business he procured.

Abstract of the Decision.

Pjrincipal and agent, § 41 * —legality of agent's contract to collect insurance policy. The evidence is held not to justify a holding, as a proposition of law, that defendant could not enter into a legal contract with plaintiff to collect an insurance policy in a fraternal organization, since it does not appear that the defendant, as local manager, sustained any relation of a fiduciary character with the organization.

Albert H. Fry, for plaintiff in error.

Max L. Kasmar, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same tonic and section number.

Mr. Presidirg Justice Barnes

delivered the opinion of the court.