#### George Hutton, Appellee, v. Albert Miller and E. P. Miller, trading as Albert Miller & Company, Appellants.

Gen. No. 24,013.

(Not to be reported in full.)

Abstract of the Decision.

Principal and agent, § 113 * — when principal may recover proceeds of sale of property from person procuring property from agent. In an action to recover for goods sold by a broker, where it appears that the plaintiff shipped the goods through his agent, that the latter, of his own motion, turned over the bills of lading, which were made out to plaintiff, to a third person who forwarded them to defendant, that when defendant attempted to credit such third person’s account with the proceeds of the sale of the goods, the latter notified defendant that the goods were plaintiff’s property and that defendant knew that such third person frequently acted as agent for others, held that plaintiff was entitled to recover the proceeds of the sale of the property.

Appeal from the Municipal Court of Chicago; the Hem. Hosea W. Wells, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed June 10, 1918.

Statement of the Case.

Action by George Hutton, plaintiff, against Albert Miller and E. P. Miller, copartners, trading as Albert Miller & Company, defendants, for goods sold and delivered. From a judgment for plaintiff for $198.73, defendants appeal.

Teller & Pennish, for appellants.

W. K. Pattison, for appellee; Douglas C. Gregg, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, anti Cumulative Quarterly, game topic and section number.

Mr.- Justice Dever

delivered the opinion of the court.