Johnson v. Diversey
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. Francis Johnson and Michael Diversey, when living, were partners in the wholesale and retail liquor business. By the terms of the written articles of co-partnership, the survivor had two years in which to close up the affairs of the firm, after the death of the other partner. Johnson died in 1860, and Diversey at once assumed exclusive control of the business and effects of the concern.
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Appeal from the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. Francis Johnson and Michael Diversey, when living, were partners in the wholesale and retail liquor business. By the terms of the written articles of co-partnership, the survivor had two years in which to close up the affairs of the firm, after the death of the other partner. Johnson died in 1860, and Diversey at once assumed exclusive control of the business and effects of the concern. Ho account was ever rendered to the administratrix of the estate of the deceased partner. In 1861 complainant, who had…
1Opinion of the Court
Hr. Justice Scott
delivered the opinion of the Court:
We think the court erred in its decision dismissing the bill. All the facts and circumstances considered, it does not appear complainant has been guilty of such laches as would deprive her of any standing in a court of equity. Soon after the death of her husband and her appointment as administratrix of his estate, she exhibited her bill, calling upon the surviving partner of the firm of which her husband was a member, to render a.n account of the affairs of the concern. It is conceded, this bill was prematurely filed, for the reason the two…
2Cases cited1 opinion
- Davenport v. HendersonIllinois Supreme Court · 1868
3Cited by2 opinions
- Diversey v. JohnsonIllinois Supreme Court · 1879
- Reed v. DingessU.S. Circuit Court for the District of West Virginia · 1893