Knudsen v. Helmick, 207 Ill. App. 98 (1917)

June 27, 1917 · Illinois Appellate Court · Gen. No. 22,160
207 Ill. App. 98

E. Knudsen, Defendant in Error, v. Harry Helmick, Plaintiff in Error.

Gen. No. 22,160.

(Not to be reported in full.)

Abstract of the Decision.

1. Municipal Court op Chicago, § 13 * - — when statement of claim is sufficient. In an action in the Municipal Court of Chicago to recover money, collected by the defendant and withheld from plaintiff, a statement of claim which informs defendant that it is for rent for specified months, amounting to a specified sum, that it is for rents collected and wrongfully collected after the title to the property had been conveyed to plaintiff, sufficiently informs defendant of the nature of plaintiff’s claim.

2. Municipal Court op Chicago, § 28* — when objection to statement of claim may not be raised. Objection to the sufficiency of the statement of claim in an action in the Municipal Court of Chicago cannot first be raised on appeal.

3. Principal and agent, § 167* — when agent collecting rents is liable to third person. An agent to collect rents to whom notice *99is given, by notifying him through the person in charge of his office and conducting his business, that the property has been sold by his principal, cannot collect rents from the premises without being liable to such purchaser.

*98Error to the Municipal Court of Chicago; the Hon. John Court-net, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.

Affirmed.

Opinion filed June 27, 1917.

Statement of the Case.

Action by E. Knudsen, plaintiff, against Harry Helmick, defendant, to recover money collected and withheld. • To reverse a judgment for plaintiff for $111.71, defendant prosecutes this writ of error.

A. W. Martin and Edward H. S. Martin, for plaintiff in error.

George W. Brown, for defendant in error.

Mr. Justice Taylor

delivered the opinion of the court.