Parker v. Fergus
Illinois Supreme Court
Appeal from tho Superior Court of Chicago; the Hon. John M. Wilson, Judge, presiding. This was an action of assumpsit commenced by George H. Fergus, in the Superior Court of Chicago, on the 15th of September, 1865, agaiust John Parker and William Fagan. Plaintiff filed his declaration, containing the common counts only, with a bill of particulars. Defendant Parker filed the plea of the general issue. A default was taken against Fagan.
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Appeal from tho Superior Court of Chicago; the Hon. John M. Wilson, Judge, presiding. This was an action of assumpsit commenced by George H. Fergus, in the Superior Court of Chicago, on the 15th of September, 1865, agaiust John Parker and William Fagan. Plaintiff filed his declaration, containing the common counts only, with a bill of particulars. Defendant Parker filed the plea of the general issue. A default was taken against Fagan. A trial was had at the November Term, 1865, before the court and a jury. Plaintiff, on the trial, introduced evidence, that he had performed the labor for which…
1Opinion of the CourtChief Justice Walker
If appellant was liable in this action, it was because he was a real or an ostensible partner of Fagan. There is no pretense that there was any other joint liability than that of a partner; and to establish such liability, appellee called Robert Fergus, his father, as a witness. He testified, that he had a conversation with appellant, who informed him, that he was going into the premises with Fagan, who was going to open an opera house; that appellant was already in the house, in the auction business; that when the opera house was opened, appellant attended the box office, sold tickets, and…
2Cited by7 opinions
- State ex rel. Ratliffe v. Superior CourtWashington Supreme Court · 1919
- McDaniel v. State Fair of TexasCourt of Appeals of Texas · 1926
- Florence v. FoxSupreme Court of Iowa · 1922
- Chicago Die & Electric Co. v. NathanAppellate Court of Illinois · 1908
- Briggs v. KohlAppellate Court of Illinois · 1907
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