{
  "id": 2904232,
  "name": "Mary Sampson, Appellee, v. Sanfrid Harmstrom et al., Appellants",
  "name_abbreviation": "Sampson v. Harmstrom",
  "decision_date": "1914-11-30",
  "docket_number": "Gen. No. 20,299",
  "first_page": "12",
  "last_page": "13",
  "citations": [
    {
      "type": "official",
      "cite": "190 Ill. App. 12"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 229,
    "char_count": 2914,
    "ocr_confidence": 0.538,
    "sha256": "3e360045e60173ec1f7e439abdd46bbe929d80651f7f8ca94e5aa95af6fa59f8",
    "simhash": "1:a35a23f7fd1fa6c1",
    "word_count": 496
  },
  "last_updated": "2023-07-14T20:39:36.956740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mary Sampson, Appellee, v. Sanfrid Harmstrom et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\n2. Brokers, \u00a7 6 \u2014relation with person maJcing loan. Where a mortgage hanker or dealer in securities sells to a person a note secured by a mortgage, the buyer is an investor, and the relation growing out of the transaction is that of banker and customer or seller and buyer and not a fiduciary or trust relation.\"\n3. Brokers, \u00a7 6*\u2014when fiduciary relation created. When a person intrusts money to another to invest for him \u00e1nd the person who is intrusted with the money selects the security and makes the investment, a trust or fiduciary relation is created.\n4. Brokers, \u00a7 6*\u2014when fiduciary relation not created. The fact that a person buying a note from a loan broker paid for it with money which the broker had collected for him, and that the note and interest coupons were payable at his office and the interest was paid there and turned over to the buyer of the note, held not to create a trust or fiduciary relation between them.\n5. Brokers, \u00a7 6*\u2014when not a general agent. An owner by listing lots with a real estate agent for sale does not make the agent the owner\u2019s general agent.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "James G. Skinner and C. H. Sippel, for appellants.",
      "Charles J. O\u2019Connor, R. Harold O\u2019Connor and Edward C. Kesler, for appellee."
    ],
    "corrections": "",
    "head_matter": "Mary Sampson, Appellee, v. Sanfrid Harmstrom et al., Appellants.\nGen. No. 20,299.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Exchange of property, \u00a7 10 \u2014when party not entitled to rescission. Where a woman, after making loans through a real estate and loan broker, entered into a contract with the broker for an exchange of real estate and gave her note secured by mortgage for the difference in the value of the properties and subsequently became in arrears in making payments, whereupon the broker required her to execute to him a quitclaim deed as an equitable mortgage, held there was no fiduciary relation existing between the parties at the time the contract was made or the deed was given nor any ground for rescinding the same in equity.\nAppeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in this court at the March term, 1914.\nReversed and remanded with directions.\nOpinion filed November 30, 1914.\nCertiorari denied by Supreme Court (making opinion final).\nStatement of the Case.\nBill by Mary Sampson against Sanfrid Harmstrom and Albdrt Harmstrom to rescind a transaction between the complainant and defendant Sanfrid Harmstrom on the ground that a fiduciary relation existed between said parties and that complainant was induced to enter into the transaction through his false and fraudulent representations. From a decree granting the relief prayed, defendants appeal.\nJames G. Skinner and C. H. Sippel, for appellants.\nCharles J. O\u2019Connor, R. Harold O\u2019Connor and Edward C. Kesler, for appellee.\nSee Illinois Notes Digest, Vois. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same* topic and section number."
  },
  "file_name": "0012-01",
  "first_page_order": 34,
  "last_page_order": 35
}