{
  "id": 2902128,
  "name": "Patrick J. Ryan et al., Appellees, v. Michael C. Hayes, Appellant",
  "name_abbreviation": "Ryan v. Hayes",
  "decision_date": "1914-07-31",
  "docket_number": "Gen. No. 5,851",
  "first_page": "208",
  "last_page": "209",
  "citations": [
    {
      "type": "official",
      "cite": "190 Ill. App. 208"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "sha256": "7943f2aa2f07bd093bcb3214e4998347f228a395a7a5443714a2865423a07235",
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  "last_updated": "2023-07-14T20:39:36.956740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Patrick J. Ryan et al., Appellees, v. Michael C. Hayes, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Carnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Carnes"
      }
    ],
    "attorneys": [
      "Alanson C. Noble and Quin O\u2019Brien, for appellant.",
      "Philip S. Brown, William F. Weiss and George W. Field, for appellees."
    ],
    "corrections": "",
    "head_matter": "Patrick J. Ryan et al., Appellees, v. Michael C. Hayes, Appellant.\nGen. No. 5,851.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Lake county; the Hon. Charles H. Donnelly, Judge, presiding. Heard in this court at the April term, 1914.\nAffirmed.\nOpinion filed July 31, 1914.\nRehearing denied October 8, 1914.\nCertiorari denied by Supreme Court \u2022 (making, opinion final).\nStatement of the Case.\nBill by Patrick J. Ryan and Catherine Bums, as administratrix of the estate of J. Prank Tyrrell, deceased, against Michael C. Hayes and others to foreclose a trust deed which on its face secured a note for $6,000 and two notes for $12,500 each. The bill alleged that the $6,000 note was the property of plaintiffs and that the two other notes were the property of other party defendants. Defendant Hayes answered admitting the execution of the notes and trust deed but denying any present indebtedness therein, and averring that there was no consideration for said notes except $3,000 received by him on said $6,000 note. He filed a cross-bill alleging usury and fraud. Issues were presented by the pleadings and the cause submitted to a master in chancery. The master made a report recommending a decree dismissing the cross-bill and granting the relief prayed in the original bill. From a decree entered on the finding with certain modifications, defendant Hayes appeals.\nAbstract of the Decision.\n1. Judgment, \u00a7 471 \u2014when not res adjud\u00edcala as between co-parties. A decree In a former suit is not res adjudicata as between codefendants where under the pleadings in such suit such rights could not be finally adjudicated.\n2. Attorney and client, \u00a7 91*\u2014application of law protecting client in dealings with attorney. The law protecting a client in his dealings with his attorneys concerning property which is the subject-matter of the litigation has much less application to cases in which the questions are not concerning matters in which the attorneys have superior knowledge and in which the client naturally trusts his lawyers, but are concerning business propositions of which the client knows more than his attorneys and in which he would naturally exercise his own judgment.\n3. Attorney and client, \u00a7 92*\u2014when contract with client as to attorneys' fees are unfair. Evidence held sufficient to sustain a finding that attorneys in dealing with their client acted in good faith in contracting for attorneys\u2019 fees which appeared excessive for the services performed,' it appearing that the compensation was not to be payable in money but of property of doubtful value.\n4. Appeal and error, \u00a7 1512*\u2014when irregular acts of court harmless. Action of chancellor after overruling exceptions to the master\u2019s report in changing on his own motion, some of the findings and striking out some of the allegations in the pleadings, held irregular but not prejudicial.\nWhitney, J., took no part in this decision.\nAlanson C. Noble and Quin O\u2019Brien, for appellant.\nPhilip S. Brown, William F. Weiss and George W. Field, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0208-01",
  "first_page_order": 230,
  "last_page_order": 231
}