Heisen v. Churchill
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Charles T. E. Churchill, Alexander B. Sim, Thomas G. Sharp, Frederick E. Elliott, H. M. Taylor, and Charles S. G. Clark, copartners doing business as Churchill & Sim, against Charles C. Heisen, George W. Griffin, George C. Waddill, and G. M. Selden, co-partners as the Chicago Export Dumber Company.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by Charles T. E. Churchill, Alexander B. Sim, Thomas G. Sharp, Frederick E. Elliott, H. M. Taylor, and Charles S. G. Clark, copartners doing business as Churchill & Sim, against Charles C. Heisen, George W. Griffin, George C. Waddill, and G. M. Selden, co-partners as the Chicago Export Dumber Company. Judgment for plaintiffs, and defendant Heisen brings error. The action in the Court below was by defendants in error, co-partners doing business as Churchill & Sim, London,…
1Opinion of the CourtGrosscup, Circuit Judge
(after stating the facts as ahove). The principal question before us is, whether the so-called admission in the notice of set-off, filed under the general issue, that the plaintiff in error and his co-defendants were partners, was so conclusive upon them that it precluded them from withdrawing the plea of set-off and also from subsequently proving (the plea of set-off being compulsorily left in the case) their other plea that they were not partners in relation to the transactions sued upon. We are of the opinion that the matter contained in 'the plea of set-off did not prevent the plaintiff…
2Cases cited4 opinions
- Miller v. MillerIllinois Supreme Court · 1855
- Monroe v. ChaldeckIllinois Supreme Court · 1875
- Miller v. GableAppellate Court of Illinois · 1889
- Byrne v. ByrneIllinois Supreme Court · 1868
3Cited by1 opinion
- Knotts v. Clark Construction Co.Indiana Supreme Court · 1921