Puschel v. Hoover
Illinois Supreme Court
This action was commenced before a justice of the peace, and was taken by appeal to the Circuit Court of Peoria county. On the trial of the cause before Peters, Judge, at March term, 1855, the deposition of a witness was read, which proved a delivery of the articles claimed in the account, for which the action was brought. The deposition stated that the articles were delivered to Charles Puschel and August Puschel, at their shop.
Read the full summary
This action was commenced before a justice of the peace, and was taken by appeal to the Circuit Court of Peoria county. On the trial of the cause before Peters, Judge, at March term, 1855, the deposition of a witness was read, which proved a delivery of the articles claimed in the account, for which the action was brought. The deposition stated that the articles were delivered to Charles Puschel and August Puschel, at their shop. It appeared on the cross-examination of the witness who made the deposition, that the shop was kept by the above-named Puschels, that they were in partnership, and…
1Opinion of the Court
Catón, J.
This action was brought against one of two persons, who were jointly liable for the beer sold. No plea in abatement was filed, but the case was tried upon the general issue, which the court very properly found for the plaintiff, and rendered a judgment thereon. The defendant should have pleaded the non-joinder of his partner in the grocery, and could not take advantage of it upon the trial of the general issue. 1 Chitty’s Pl. 46; Chap. 1, Sec. 3, Rev. Stat.
The judgment must he affirmed.
Judgment affirmed.
2Cited by4 opinions
- Wilson v. WilsonAppellate Court of Illinois · 1906
- David Rutter & Co. v. McLaughlinIllinois Supreme Court · 1912
- Swannell v. ByersAppellate Court of Illinois · 1905
- David Rutter & Co. v. McLaughlinAppellate Court of Illinois · 1912