Bowen v. Rutherford
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This Avas an action of assumpsit brought by James. H. Bowen, George S. Bowen, Chauncey T. Bowen and George R. Whitman, in the Superior Court of Cook county, against Robert B. Rutherford and Robert Rutherford, upon certain notes purporting to have been executed by the defendants as partners.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This Avas an action of assumpsit brought by James. H. Bowen, George S. Bowen, Chauncey T. Bowen and George R. Whitman, in the Superior Court of Cook county, against Robert B. Rutherford and Robert Rutherford, upon certain notes purporting to have been executed by the defendants as partners. There was a default entered against Robert B. Rutherford, but Robert Rutherford filed pleas : first, the general issue; second, a plea that he was not a partner of the other defendant, and was not jointly liable;…
1Opinion of the CourtJustice Thornton
delivered tbe opinion of tbe Court:
There was no error in tbe rejection of tbe evidence offered, that appellee held himself out as a member of the firm.
Tbe offer was too general, and tbe .only inference to be drawn from it is, that the design was to prove the partnership by general reputation,'and thus make both defendants liable for the act of one.
Such testimony was held competent in Whitney v. Sterling, 14 Johns. 214, and in McPherson v. Rathbone, 11 Wend. 97.
In the first case, the court remarked that there was no objection to the testimony of general reputation, and it must therefore be…
2Cases cited2 opinions
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