Legal Opinion

Milligan v. Mackinlay

Illinois Supreme Court

Decided April 20, 1904PublishedCited by 7 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Charles Blancharii, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the Second District affirming a judgment of the circuit court of LaSalle county sustaining a demurrer to the declaration in an action on the case and dismissing the suit.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Charles Blancharii, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the Second District affirming a judgment of the circuit court of LaSalle county sustaining a demurrer to the declaration in an action on the case and dismissing the suit. The declaration, as amended, contained*two counts, the first of which alleged that the plaintiff and defendant were members of a stock company or syndicate, not incorporated, called the…

1Opinion of the CourtChief Justice Hand

We are of the opinion that the declaration did not state a cause of action, and that the demurrer thereto was properly sustained. Under the decisions of this court the relation existing between the members of said syndicate was that of partners; (Morse v. Richmond, 97 Ill. 303; Winstanley v. Gleyre, 146 id. 27;) and the doctrine is well settled that an action at law will not lie in favor of one or more partners, or their representatives, against one or more co-partners, or their representatives, upon a demand growing out of a partnership transaction, until there has been a settlement of…

2Cases cited1 opinion

  1. Morse v. RichmondIllinois Supreme Court · 1881

3Cited by7 opinions

  1. Marcus v. GreenAppellate Court of Illinois · 1973
  2. Harmon v. MartinIllinois Supreme Court · 1947
  3. Rankin v. HojkaAppellate Court of Illinois · 1976
  4. Carter v. WrightAppellate Court of Illinois · 1934
  5. Nichols & Co. v. ThomasSupreme Court of Oklahoma · 1915

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