Granger v. McGilvra
Illinois Supreme Court
The bill of complaint of John J. McGilvra, against Wilkinson & Granger, states that he, and Lorenzo Dow Wilkinson, became partners together as attorneys at law in Chicago, under the name of Wilkinson & McGilvra, on a verbal agreement that each should receive one-half of the profits of such business.
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The bill of complaint of John J. McGilvra, against Wilkinson & Granger, states that he, and Lorenzo Dow Wilkinson, became partners together as attorneys at law in Chicago, under the name of Wilkinson & McGilvra, on a verbal agreement that each should receive one-half of the profits of such business. That the copartnership continued from September, 1856, to February, 1858. Their aggregate net receipts were $4,237.94—McGilvra’s receipts being $2,127.02; Wilkinson’s, $2,110.92. That the outstanding accounts of the firm amounted to about $2,400, more or less; some good, others doubtful, and some…
1Opinion of the Court
Catón, C. J.
We do not doubt that the court erred in entering a decree against Granger for the full amount due from him to the firm of Wilkinson & McGilvra. Even without the notice given by complainant to Granger, not to pay Wilkinson without consulting him, Granger had no right to make such payment for the exclusive benefit of Wilkinson, and to the prejudice of the rights of McGilvra. Granger settled the demand with Wilkinson, by giving his note for a part of the amount to a creditor of Wilkinson, in satisfaction of Wilkinson’s individual liability, and by his. note to Wilkinson individually,…
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