Smith v. Hulett
Illinois Supreme Court
Appeal from the County Court of DeKalb county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, by Elias B. Hulett against Franklin W. Smith, John Bishop and Justus Griffin, the latter not served and made no appearance in the cause. The declaration contained the common counts only, but described the defendants as late co-partners. The trial was had as to the other two defendants, who each pleaded the general issue.
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Appeal from the County Court of DeKalb county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, by Elias B. Hulett against Franklin W. Smith, John Bishop and Justus Griffin, the latter not served and made no appearance in the cause. The declaration contained the common counts only, but described the defendants as late co-partners. The trial was had as to the other two defendants, who each pleaded the general issue. Verdict and judgment for the plaintiff, and appeal by the two defendants to this court.
1Opinion of the CourtJustice Sheldon
This was an action of assumpsit, commenced against Franklin W. Smith, John Bishop and Justus Griffin, to recover.for work and labor. Smith and Bishop only were served with process. Griffin was not served, nor did he appear to the action. Smith and Bishop each filed a plea of the general issue.
The defendants, Smith and Bishop, were sought to be charged by virtue of an alleged partnership between them and Griffin.
A large amount of testimony was produced to establish the existence of the partnership, and in fact it was the real question at issue.
On the trial, against the objection of the…
2Cases cited1 opinion
- Degan v. SingerIllinois Supreme Court · 1866
3Cited by7 opinions
- Rimel v. HayesSupreme Court of Missouri · 1884
- Hely v. HinermanSupreme Court of Missouri · 1924
- Chicago Die & Electric Co. v. NathanAppellate Court of Illinois · 1908
- Burt Zaiser Co. v. ClaussenAppellate Court of Illinois · 1917
- Montgomery v. BlackAppellate Court of Illinois · 1887
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