Myers v. Winn
Illinois Supreme Court
This was an action of assumpsit, heard before Underwood, Judge, and a jury, at August term, 1852, of the Madison Circuit Court. Plea, the general issue. Verdict and judgment for the defendant below.
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This was an action of assumpsit, heard before Underwood, Judge, and a jury, at August term, 1852, of the Madison Circuit Court. Plea, the general issue. Verdict and judgment for the defendant below. Myers proved on the trial that he had advanced all the capital in a partnership transaction between himself, the defendant, one Morrison, and one H. C. Smith, for the purchase and sale of a drove of cattle, in which they were equally to share, in the profits and loss,and that the partnership was to end with this transaction. Myers went to New Orleans with a part of the cattle, and that Smith…
1Opinion of the CourtScates, J.
Winn had received from Smith, Morrison and others, a certain amount of money for Myers, and this action is brought to recover a balance alleged to be still in his hands.
The jury found for the defendant, and the court refused a new trial. We are of opinion the evidence did not warrant the verdict, and a new trial should have been granted.
The limited special partnership between Myers, Smith and Winn,' in the profits and loss, in the purchase and sale of cattle with Myers’ capital, did not make the capital partnership property for any other purpose, nor for that, longer than it was so used..…
2Cases cited1 opinion
- Bunn v. MorrisNew York Supreme Court · 1805
3Cited by4 opinions
- Marcus v. GreenAppellate Court of Illinois · 1973
- Broderick v. O'LearyAppellate Court of Illinois · 1903
- Spencer v. BarnesCalifornia Court of Appeal · 1914
- Chenoweth v. ChenowethAppellate Court of Illinois · 1929