Flake v. Carson
Illinois Supreme Court
Writ of Error to the Circuit Court of Fultou county; the Hon. C. L. Higbee, Judge presiding. This was an action-of assumpsit commenced for thé February Term, 1862, of the. Fulton Circuit Court, by John B. Carson, against William Martin and William Flake. Service had on Flake; Martin not fqund.
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Writ of Error to the Circuit Court of Fultou county; the Hon. C. L. Higbee, Judge presiding. This was an action-of assumpsit commenced for thé February Term, 1862, of the. Fulton Circuit Court, by John B. Carson, against William Martin and William Flake. Service had on Flake; Martin not fqund. The declaration counted against defendants as partners, &c., and contained the common counts, for the price of goods, wares and merchandise; for goods and merchandise sold and delivered; for money paid, laid out and expended about the business of defendants at their request; for money lent and advanced…
1Opinion of the CourtJustice Breese
This was an action of assumpsit for goods, wares and merchandise sold and delivered, for money, and on an account stated, and for interest, against the plaintiff in error impleaded with William Martin as partners. Flake was alone served with process, and he pleaded to the action, and judgment was rendered against him alone.
It is insisted by the plaintiff in error that as the record shows an appearance by both defendants, the judgment should have been against both or neither. This is the rule as we understand it. Fuller v. Robb et al., 26 Ill. 248, and cases cited.
But what is the evidence of…
2Cited by7 opinions
- Law v. NelsonSupreme Court of Colorado · 1890
- Wabash Western Ry. v. BrowCourt of Appeals for the Sixth Circuit · 1895
- Drennan v. WarburtonSupreme Court of Oklahoma · 1912
- Ahart v. YoungAppellate Court of Illinois · 1990
- Adamson v. BergenColorado Court of Appeals · 1900
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