Legal Opinion

Robinson ex rel. Cooper v. Magarity

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 12 opinions

This suit was commenced before a justice of the peace, by the plaintiffs in error, who sued by the name of Robinson, Dunham & Co., for the use of Jonathan K. Cooper. A judgment was rendered against them, and they took an appeal to the Circuit Court of Woodford county. In this court there was a trial by jury, and a like result. This writ of error is sued out in the names of William E. Robinson and Columbus Dunham.

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This suit was commenced before a justice of the peace, by the plaintiffs in error, who sued by the name of Robinson, Dunham & Co., for the use of Jonathan K. Cooper. A judgment was rendered against them, and they took an appeal to the Circuit Court of Woodford county. In this court there was a trial by jury, and a like result. This writ of error is sued out in the names of William E. Robinson and Columbus Dunham. On the trial in the Circuit Court, the plaintiffs there introduced in evidence a promissory note, signed by the defendant, payable to the order of Robinson, Dunham & Co., for sixty…

1Opinion of the CourtBkeese, J.

The first three points made by the defendant in error are not substantial. There is no presumption of law or fact, that any firm name includes any number of persons more than one, and plaintiffs suing in a firm name, are not required to show who compose the firm, unless it is put in issue by a proper denial, verified by affidavit. A suit is brought by John Smith & Co., plaintiffs, and the defendant goes to trial upon the merits without calling for proof of the company, he cannot afterwards object, that the parties are not well described. Ch. 40, sec. 7, Scates’ Comp. 256. The writ of error,…

2Cited by12 opinions

  1. Glennon v. BrittonIllinois Supreme Court · 1895
  2. Union National Bank v. BarthIllinois Supreme Court · 1899
  3. Pierce v. StindeMissouri Court of Appeals · 1881
  4. Albert D. Kelley v. Charles EidamWyoming Supreme Court · 1924
  5. Brennan v. PardridgeMichigan Supreme Court · 1887

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