Illinois Supreme Court October 23, 1906 (Miller v. Russell)

Mr. Justice Wilkin

delivered the opinion of the court:

It is first insisted by plaintiffs in error as a ground of reversal that the cause of action arose upon the violation of a contract between the parties; that the company occupied no fiduciary relation with reference to the defendant in error and did not hold the money received by it in trust for him, and he therefore had an ample and adequate