Chadsey v. Harrison
Illinois Supreme Court
This was an action of assumpsit, brought by Chadsey against Harrison, in the Schuyler Circuit Court, and a trial was had at the March term, A. D. 1848, before the Mr. Justice Purple, and a jury, when a verdict was rendered in favor of the defendant, for $ 150 08i The declaration contained three counts: the first a special one, and the others general indebetatus assumpsit counts.
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This was an action of assumpsit, brought by Chadsey against Harrison, in the Schuyler Circuit Court, and a trial was had at the March term, A. D. 1848, before the Mr. Justice Purple, and a jury, when a verdict was rendered in favor of the defendant, for $ 150 08i The declaration contained three counts: the first a special one, and the others general indebetatus assumpsit counts. The special count was in substance as follows : “ For that whereas the said Harrison, Chadsey, and one Jonathan D. Manlove, heretofore, to wit, on, &c., at, &c., associated themselves together for the purpose of…
1Opinion of the Court
Opinion by Treat, C. J.:
The principle is well settled, that partners cannot sue each other at law for any matter relating to the partnership concerns, unless there has been a final settlement between them, abalance ascertained, and an express promise to pay the balance. Gow. on Part., 74; Westerlo vs. Evertson, 1 Wendell, 532; Foster vs. Allenson, 2 D. and East., 480; Davenport vs. Gear, 2 Scammon, 495.
The first count of the declaration, after stating the formation and nature of the partnership, simply alleges that the plaintiff paid the expenses of constructing the raft, and taking it to…
2Cases cited1 opinion
- Westerlo v. EvertsonNew York Supreme Court · 1828
3Cited by8 opinions
- Marcus v. GreenAppellate Court of Illinois · 1973
- Buchanan v. MeisserIllinois Supreme Court · 1883
- Burns v. NottinghamIllinois Supreme Court · 1871
- Martin v. StubbingsAppellate Court of Illinois · 1886
- Simpson v. WrightAppellate Court of Illinois · 1886
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