Fleming v. Ross
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding. Appellant brought an action in assumpsit December 2, 1901, against Henry C. Ross, Alexander H. Seelye and D. Planner, obtaining service on Ross only.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding. Appellant brought an action in assumpsit December 2, 1901, against Henry C. Ross, Alexander H. Seelye and D. Planner, obtaining service on Ross only. The declaration alleged that the three defendants, by the name of Planner, Seelye & Ross, executed two promissory notes on December 27, 1890, at Wausau, Wisconsin, payable to the order of P. B. Champagne, each for the sum of $4332.33, due, respectively, one and two years after date.…
1Opinion of the CourtJustice Carter
The sole question presented in this case is, what is the effect, as to the other co-partners, of the recovery of a judgment in this State against one member of a co-partnership in an action brought against him alone, at a time when his co-partners were non-residents of the State and were without the jurisdiction of the court? Is the recovery of such a judgment a merger of the cause of action upon the partnership obligation and a bar to any further action thereon against the other partners ?
This court has passed on this question - several times in previous decisions, but it is earnestly…
2Cases cited8 opinions
- Coates v. PrestonIllinois Supreme Court · 1882
- Moore v. RogersIllinois Supreme Court · 1857
- Jansen v. GrimshawIllinois Supreme Court · 1888
- Sandusky v. SidwellIllinois Supreme Court · 1898
- Hopkins v. McCannIllinois Supreme Court · 1857
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3Cited by6 opinions
- Williams v. ReedCalifornia Supreme Court · 1957
- Sternberg Dredging Co. v. Estate of SternbergIllinois Supreme Court · 1957
- Warren v. RicklesWashington Supreme Court · 1924
- Williams v. ReedCalifornia Court of Appeal · 1952
- Ratchford v. Covington County Stock Co.Supreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.