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Appellate Court of Illinois,
Second District.
William MILLER and Maxine Miller, Individually and Derivatively on Behalf of Claimsco International, Inc., as
Feb. 21, 2013.
Background: Shareholders of closely held corporation brought breach of fiduciary duty action against accountant
who had provided services to shareholders and the corporation. The Circuit Court of Lake County, No.07-–CH-–
2803; the Hon. Mitchell L. Hoffman, Judge, presiding, dismissed the action for failure to state a claim upon which
ment could not be resolved on a motion to dismiss.
Reversed and remanded.
West Headnotes
Pleading 302 310
302 Pleading
302X Exhibits
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
308k69 Individual Interest of Agent
308k69(1) k. In general. Most Cited Cases
An agent must not place himself in a position which is adverse to that of his principal during the existence of
the agency.
308k48 k. Nature of agent's obligation. Most Cited Cases
Principal and Agent 308 69(1)
308 Principal and Agent
an agent from not only acquiring personal interests adverse to those of the principal, but also from dealing inde-
pendently of the interests of the principal to the agent's personal gain in the subject matter of the agency.
[9] Principal and Agent 308 48
matter of the agency.
[10] Principal and Agent 308 48
308 Principal and Agent
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
308k69 Individual Interest of Agent
308k69(1) k. In general. Most Cited Cases
An agent must not place himself in a position which is adverse to that of his principal during the existence of
the agency.
308k48 k. Nature of agent's obligation. Most Cited Cases
Principal and Agent 308 69(1)
308 Principal and Agent
an agent from not only acquiring personal interests adverse to those of the principal, but also from dealing inde-
pendently of the interests of the principal to the agent's personal gain in the subject matter of the agency.
[9] Principal and Agent 308 48
matter of the agency.
[10] Principal and Agent 308 48
308 Principal and Agent
