Diversey v. Johnson
Illinois Supreme Court
Appeal from the Appellate'Court of the First District; the Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Joseph M. Bailey, Justices. In the spring of 1860, Francis Johnson and Michael Diver- • sey entered into co-partnership in the wholesale liquor business in Chicago. Johnson was already engaged in the business, having a stock on hand. Articles of co-partnership were drawn up and executed by the parties.
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Appeal from the Appellate'Court of the First District; the Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Joseph M. Bailey, Justices. In the spring of 1860, Francis Johnson and Michael Diver- • sey entered into co-partnership in the wholesale liquor business in Chicago. Johnson was already engaged in the business, having a stock on hand. Articles of co-partnership were drawn up and executed by the parties. It appears, therefrom, the partnership was to continue from April 3, 1860, until May 1, 1861, with the privilege of three years; that the stock and fixtures…
1Opinion of the CourtJustice Baker
It is urged the fundamental error herein, upon the part of the Superior Court, was in attempting to make a decree in the condition of affairs disclosed by the proofs. It is true, the lapse of time, the death of the parties and of many of the witnesses, the destruction of the files, records and testimony in the original suit, and of the books and papers of the firms of Johnson & Diversey, and Lili & Diversey, have rendered it difficult, if not impossible, to ascertain with precision the exact state of accounts between the former partners. The point is made, in such cases courts of equity…
2Cases cited5 opinions
- Blanchard v. WilliamsonIllinois Supreme Court · 1873
- Stone v. WoodIllinois Supreme Court · 1854
- Ryan v. JonesIllinois Supreme Court · 1853
- Cutright v. StanfordIllinois Supreme Court · 1876
- Johnson v. DiverseyIllinois Supreme Court · 1876
3Cited by20 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- Majewski v. GallinaIllinois Supreme Court · 1959
- Connolly v. GishwillerCourt of Appeals for the Seventh Circuit · 1947
- Starr v. WilloughbyIllinois Supreme Court · 1905
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