Major v. Hawkes
Illinois Supreme Court
The defendants in error sued Major, in the McLean Circuit Court, to recover an indebtedness due to them as co-partners. Major proved the payment of his indebtedness to Hawkes, one of the co-partners, after the publication of a notice of dissolution, by mutual consent. A verdict was found on the circuit, against Major, and he brings the cause to this Court by writ of error. The cause was heard before Davis, Judge.
1Opinion of the CourtTrumbull, J.
Upon the voluntary dissolution of a partnership, each of the partners, in the absence of any agreement to the contrary, retains the right to collect debts due the firm, and give discharges therefor. Story on Partnership, §328.
Hawkes had, therefore, just as much right to receive the money from Major, and give the receipt of the firm, as either of the other partners, and the receipt, if honestly obtained, was a defence to the further prosecution of the action. The fact, that Major first made an attempt to settle the account by giving Hawkes credit upon a claim which he had against him…
2Cited by4 opinions
- Hunter v. BilyeuIllinois Supreme Court · 1863
- Gates v. . BeecherNew York Court of Appeals · 1875
- Riggen v. Investment Co.Oregon Supreme Court · 1897
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