Legal Opinion

Fisher v. Bowles

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 6 opinions

This was an action of assumpsit. The summons was served on William Fisher only. The declaration alleges, that defendants were joint owners and partners in building and running the steamboat “ Lacón,” and that defendants were indebted to plaintiff in the sum of j!l,000 for services as engineer on said boat. There was also a count for goods, etc., sold and delivered, for work and labor done at request of defendants. For money lent.

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This was an action of assumpsit. The summons was served on William Fisher only. The declaration alleges, that defendants were joint owners and partners in building and running the steamboat “ Lacón,” and that defendants were indebted to plaintiff in the sum of j!l,000 for services as engineer on said boat. There was also a count for goods, etc., sold and delivered, for work and labor done at request of defendants. For money lent. For money paid by plaintiff, for the use of defendants, at their request. For money had and received by defendants for plaintiff’s use, and for money found due upon…

1Opinion of the CourtBreese, J.

From a careful examination of the evidence, as presented in the record, we see no reason to find fault with the verdict of the jury, as it fully sustains their finding. The question of liability, and to what extent, was fairly before them; and although the instructions given on behalf of the plaintiff may be regarded as somewhat loose, yet they are sufficiently accurate and pointed to convey to the jury a correct notion of the law, as applicable to the facts before them.

Partnership cannot always be proved by written articles. In fact, in very many cases, writings do not exist, and especially…

2Cited by6 opinions

  1. Manville v. ParksSupreme Court of Colorado · 1883
  2. Meinhard, Schaul & Co. v. Bedingfield Mercantile Co.Court of Appeals of Georgia · 1908
  3. Wiley v. ThompsonAppellate Court of Illinois · 1887
  4. Wheeler v. McEldowneyIllinois Supreme Court · 1871
  5. Reynolds v. RadkeAppellate Court of Illinois · 1904

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