Phillips v. Phillips
Illinois Supreme Court
Appeal from the Circuit Court of Cook county ; the Hon. George Mahterre, Judge, presiding. This was a suit in chancery instituted in the court below by John S. Phillips, against John Phillips, and othérs. The bill alleges a partnership between the parties, asks that it may be dissolved,- and for an account. Hpon the final hearing below, the court found that a partnership existed, and decreed that it be dissolved and an account taken.
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Appeal from the Circuit Court of Cook county ; the Hon. George Mahterre, Judge, presiding. This was a suit in chancery instituted in the court below by John S. Phillips, against John Phillips, and othérs. The bill alleges a partnership between the parties, asks that it may be dissolved,- and for an account. Hpon the final hearing below, the court found that a partnership existed, and decreed that it be dissolved and an account taken. The defendant, John Phillips, thereupon took this appeal. The only question presented is one of fact—whether a partnership did really exist.
1Opinion of the CourtChief Justice Caton
The only question in this case is one of fact. Was there a; co-partnership between John Phillips and his four sons, or was he the sole proprietor of the business about which the controversy has arisen? It.must be remembered in the outset, that, this is a controversy inter sese, and is not between third parties' and the alleged members of the firm. Parties may so conduct themselves as to be liable to third persons as partners when in fact no partnership exists as between themselves. The public are authorized to judge from appearances and professions, and are .not absolutely bound to know the…
2Cited by11 opinions
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- Daugherty v. HeckardIllinois Supreme Court · 1901
- Wade v. HornadaySupreme Court of Kansas · 1914
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