Kennedy v. Hall
Illinois Supreme Court
Appeal from the Circuit Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. This was an action of assumpsit, brought by John H. Hall, as surviving partner of the firm of Donaldson & Hall, against James H. Kennedy, Burrell Kennedy and Washington Walker, as partners composing the firm of Walker, Kennedy & Co., upon a promissory note.
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Appeal from the Circuit Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. This was an action of assumpsit, brought by John H. Hall, as surviving partner of the firm of Donaldson & Hall, against James H. Kennedy, Burrell Kennedy and Washington Walker, as partners composing the firm of Walker, Kennedy & Co., upon a promissory note. The following is a copy of the same: “St. Louis, Mo., June 2d, 1858. Six months after date we, the undersigned, Washington Walker, Burrell and James Kennedy, of Nashville, county of Washington and State of Illinois, promise to pay to the order of…
1Opinion of the CourtChief Justice Breese
This was an action of assumpsit, in the Washington circuit court, on a promissory note.
The declaration counted on a note made by Walker, Kennedy & Co., to Donaldson & Hall.
James H. Kennedy, one of the defendants, put in a plea of non-assumpsit, verified by his affidavit, which put in issue the fact of partnership with the other defendants.
Tlie court instructed the jury that the onus was upon the defendant Kennedy to prove he was not a partner, and under no liability as joint maker of the note.
This was clearly wrong. By section 35 of the Practice Act, it is provided, in actions upon contracts…
2Cited by5 opinions
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- Watson v. HamiltonSupreme Court of Alabama · 1912
- Edwards v. Cleveland Dryer Co.Appellate Court of Illinois · 1899
- Martin & Johnson v. Trainer & BramblettAppellate Court of Illinois · 1906
- Consumers Petroleum Co. v. SugarAppellate Court of Illinois · 1928