{
  "id": 2904307,
  "name": "Allie Webb, Administratrix, Appellee, v. A. A. Hunt, Appellant",
  "name_abbreviation": "Webb v. Hunt",
  "decision_date": "1914-07-28",
  "docket_number": "",
  "first_page": "597",
  "last_page": "599",
  "citations": [
    {
      "type": "official",
      "cite": "190 Ill. App. 597"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 218,
    "char_count": 2865,
    "ocr_confidence": 0.536,
    "sha256": "4e2b333e759b9fa49bab4f2acda03e704a0fef797e4feac1dbdb5346c0df00ff",
    "simhash": "1:42cfc402d0091098",
    "word_count": 474
  },
  "last_updated": "2023-07-14T20:39:36.956740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Allie Webb, Administratrix, Appellee, v. A. A. Hunt, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Higbee\ndelivered the opinion of the court.\n2. Executors and administrators, \u00a7 86 \u2014right of set-off in suit for collection of assets. Where an attorney employed hy a widow to settle her husband\u2019s estate out of court sold the husband\u2019s interest in his partnership business and received the money, hut refused to turn over the money to her without first deducting attorney\u2019s fees and other items, and the widow thereafter took out letters of administration and brought suit as administratrix for the money, held that she was entitled to recover without any deduction for attorney\u2019s fees whether she had previously agreed to pay them or not, for the reason that as administratrix she held title to the property for the estate.",
        "type": "majority",
        "author": "Mr. Presiding Justice Higbee"
      }
    ],
    "attorneys": [
      "Clyde D. Miller, for appellant.",
      "Schaefer & Kruger, for appellee."
    ],
    "corrections": "",
    "head_matter": "Allie Webb, Administratrix, Appellee, v. A. A. Hunt, Appellant.\n(Not to be reported in full.)\nAppeal from the Circuit Court of St. Clair county; the Hon. William E. Hadley, Judge, presiding. Heard in this court at the March term, 1914.\nAffirmed.\nOpinion filed July 28, 1914.\nRehearing denied October 28, 1914.\nAbstract of the Decision.\n1. Executors and administrators, \u00a7 90 \u2014right of administratria> to sue for money received from sale of partnership interest. An administratrix in her official capacity has the right to sue a person for money received by him in selling with her consent, the interest of her deceased husband i\u00f1 a copartnership, and is not required to first compel an accounting by the surviving partner.\nStatement of the Case.\nSuit in assumpsit by Allie Webb, administratrix of the estate of Beese Webb, against A. A. Hunt to recover $300 alleged to have been received by defendant for said estate. To reverse a judgment entered in favor of plaintiff on a directed verdict for $293, defendant appeals.\nThe facts showed that deceased at the time of his death, was a partner with one Williams in running1 a saloon, and that shortly afterwards plaintiff called upon defendant, who was an attorney, in regard to settling her husband\u2019s estate; that he advised her that it could be settled without going into court and she employed him to look after the matter. After consultation with Williams and plaintiff, the defendant sold the interest plaintiff\u2019s husband had in the saloon to Williams for $300, and that amount was paid over to defendant who thereafter refused to pay the whole amount to plaintiff, claiming he was to deduct therefrom $100 for attorney\u2019s fees, and also pay the funeral expenses of deceased and $7 to one McCullough. Afterwards plaintiff took out letters of administration on her husband\u2019s estate and brought this suit.\nClyde D. Miller, for appellant.\nSchaefer & Kruger, for appellee.\nSee Illinois Notes Digest, Vois. XI to XV, and Cumulative Quarterly, game topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0597-01",
  "first_page_order": 619,
  "last_page_order": 621
}