Brady v. Thompson
Illinois Supreme Court
On the 29th of August, 1853, intestate filed his bill stating that he, Thompson, and Dutch, were partners in a California enterprise, for some five months in 1850; that Thompson and Dutch had adjusted their accounts, but that he had not adjusted his accounts with them; that on a proper and fair adjustment of the partnership account, Thompson was justly indebted to intestate about one-third of $1050, which he refused to adjust; that as between intestate and Dutch, nothing was…
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On the 29th of August, 1853, intestate filed his bill stating that he, Thompson, and Dutch, were partners in a California enterprise, for some five months in 1850; that Thompson and Dutch had adjusted their accounts, but that he had not adjusted his accounts with them; that on a proper and fair adjustment of the partnership account, Thompson was justly indebted to intestate about one-third of $1050, which he refused to adjust; that as between intestate and Dutch, nothing was due either way. Bill waived answer on oath and prayed for interlocutory decree, that parties account—that Dutch be…
1Opinion of the Court
Catón, J.
The question in this case is purely one of fact. There is no dispute that Brady, Thompson and Dutch were in partnership for some time in California, and at the close of their business an accounting was had, when a dispute arose in reference to Thompson having received about one thousand dollars of the partnership funds unaccounted for. As between Thompson and Dutch, the settlement was final, and the controversy now is whether it was final also as between Brady and Thompson, and if not, whether Thompson did receive the thousand dollars of partnership funds for which he did not…
2Cited by1 opinion
- Chicago & Alton R. R. v. GretznerIllinois Supreme Court · 1867