Cooper & Co. v. Coates & Co.
Supreme Court of the United States
Error to the Circuit Court for the Northern District of Illinois; the case being thus: A statute of Illinois, relating to evidence in certain cases,* enacts'as follows: “ § 11. In trials of actions upon contracts, express or implied, where the action is brought by partners, or by joint payees or obligee's, it shall not be necessary for the plaintitf, in order to maintain any such action, to prove the copartnership of the individuals named in such action, or to prove the…
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Error to the Circuit Court for the Northern District of Illinois; the case being thus: A statute of Illinois, relating to evidence in certain cases,* enacts'as follows: “ § 11. In trials of actions upon contracts, express or implied, where the action is brought by partners, or by joint payees or obligee's, it shall not be necessary for the plaintitf, in order to maintain any such action, to prove the copartnership of the individuals named in such action, or to prove the Christian or surnames of such .partners, or joint payees, or obligees; but the names of such copartners, joint payees, or…
1Opinion of the CourtJustice Hunt
The objections in this case are, none of them, serious in their character.
By the rules of common law it is certainly necessary that parties who sue as co-plaintiffs, alleging themselves to be partners, shall make proof of that allegation. The same is true of persons who are alleged to be copartners, and sued as such as defendants. By the statutes of Illinois the rule of law is changed in this respect unless a plea in abatement is interposed, or verified pleas are filed denying the execution of a writing set up. The statute-rendered unnecessary in this case proof of the partnership or joint…
2Cases cited1 opinion
- R. Patterson v. W. ChoateNew York Supreme Court · 1831
3Cited by12 opinions
- American Iron & Steel Manufacturing Co. v. Seaboard Air Line RailwaySupreme Court of the United States · 1914
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- Brite, Et Vir v. Orange Belt Securities Co.Supreme Court of Florida · 1938
- Tredegar Co. v. Seaboard Air Line Ry.Court of Appeals for the Fourth Circuit · 1910
- Brown v. United StatesCourt of Appeals for the Seventh Circuit · 1905
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