State National Bank v. Butler
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. Appellant brought its action of assumpsit in the circuit court of Sangamon county on a promissory note signed “Speed Butler & Co.,” alleged to have been executed March 17,1885, by Speed Butler, Salome E. Butler and Henry W. Butler, as partners, under name and style of Speed Butler & Co. The note is for the sum of $6898.81, payable on demand, with interest at the rate of eight per cent per annum. The declaration avers…
1Opinion of the CourtJustice Phillips
The question presented by the foregoing facts appearing in this record is, whether the appellee is liable to appellant as a partner of Speed Butler & Co. If such partnership existed, it was by reason of the written agreement signed by appellee and Speed Butler. Where a partnership is claimed to exist, not in writing, the intention of the parties is a material fact, to be ascertained from their conduct and declarations; but where the agreement is in writing, its true construction must o be determined-, and from that construction it Is to be found whether a partnership- exists. We shall only…
2Cases cited6 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Black v. Wabash, St. Louis & Pacific Railway Co.Illinois Supreme Court · 1884
- Fougner v. First National Bank of ChicagoIllinois Supreme Court · 1892
- Gardt v. BrownIllinois Supreme Court · 1885
- Niehoff v. DudleyIllinois Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Western Illinois Oil Co. v. ThompsonIllinois Supreme Court · 1962
- Saddler v. Nat. Bank of BloomingtonIllinois Supreme Court · 1949
- Bradley v. ElyIndiana Court of Appeals · 1900
- Butler v. ButlerIllinois Supreme Court · 1896
- Leeds v. TownsendIllinois Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.