Trude v. Fulton, 207 Ill. App. 216 (1917)

July 11, 1917 · Illinois Appellate Court · Gen. No. 22,430
207 Ill. App. 216

George A. Trude, Appellee, v. Frank D. Fulton, Appellant.

Gen. No. 22,430.

(Not to be reported in full.)

Abstract of the Decision.

Bills and notes, § 320 * — who may bring action on note. The legal holder and owner of notes may bring an action thereon in his own name, although the proceeds, after deduction of attorney’s fees for his own services, belong to a third person.

Appeal from the Municipal Court of Chicago; the Hon. William N. Cemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Affirmed.

Opinion filed July 11, 1917.

Statement of the Case.

Action by George A. Trude, plaintiff, against Frank D. Fulton, defendant, to recover on two promissory notes. From a judgment for plaintiff for $2,680, defendant appeals.

Fulton, Garey & Deutschman, for appellant.

Benjamin B. Kahane, for appellee.

Mr. Justice Taylor

delivered the opinion of the court.