Gordon v. Bankard
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of assumpsit brought by the plaintiffs in error against the defendants in error at the July term, 1863. Verdict and judgment were for the defendants, and the plaintiffs sued out a writ of error. The facts appear in the opinion.
1Opinion of the CourtJustice Lawrence
The plaintiffs below, who are also plaintiffs in error, brought suit against Bankard, Bastable & Fausett, declaring against them as partners doing business under the name and style of J. J. Bankard, and upon a written contract executed in the name of J. J. Bankard. The defendants pleaded, under the statute, that they were not partners, but did not aver in their plea that they were not partners under the name and style of J. J. Bankard. On the trial, the court instrupted the jury that they must find for the defendants, unless they believed, from the evidence, that the defendants, at the time…
2Cited by4 opinions
- Daugherty v. HeckardIllinois Supreme Court · 1901
- Swygert Bros. v. Bank of HaralsonCourt of Appeals of Georgia · 1913
- Cook v. ColemanWest Virginia Supreme Court · 1922
- Clauson v. Department of FinanceIllinois Supreme Court · 1941