Warren v. Chambers
Illinois Supreme Court
This action was commenced in assumpsit, in the Morgan Circuit Court, by the plaintiff in error against the defendants. The defendants filed the plea of the general issue, verified by the affidavits of all the defendants. At the trial the plaintiff insisted that he was not bound to prove the partnership, that fact not having been put in issue by the plea.
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This action was commenced in assumpsit, in the Morgan Circuit Court, by the plaintiff in error against the defendants. The defendants filed the plea of the general issue, verified by the affidavits of all the defendants. At the trial the plaintiff insisted that he was not bound to prove the partnership, that fact not having been put in issue by the plea. This position was controverted by the defendants, who insisted that the plea of non assumpsit, verified by oath, put the partnership in issue, the Circuit Court so decided, and the plaintiff was forced to make proof of the partnership. The…
1Opinion of the CourtTrumbull, J.
The declaration in this case is in assumpsit against the defendants as partners, and contains only the common count for money paid and advanced. The defendants pleaded the general issue, and annexed thereto their affidavits of its truth.
The record shows that the money was paid to one of the defendants, and the point in-controversy was, as:to the liability of the other défendants with him as partners. Both parties offered evidence upon the question of partnership, and the jury found a verdict for the defendants, who had judgment accordingly.
The correctness of the proceedings in the case,…
2Cited by10 opinions
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