16 N.E. 899 (Ill. 1888), Davies v. Atkinson

Citation:16 N.E. 899, 124 Ill. 474
Opinion Judge:MULKEY, J.
Party Name:DAVIES v. ATKINSON et al.
Attorney:[124 Ill. 475] Smith & Pence, for appellant. [124 Ill. 476] Wm. Garnett, Jr., for appellees Logan and Dunn. H. L. Morse, for appellee Sherwin. Bisbee, Ahrens & Decker, for appellees Schwartz, Dupee, Jr., Newman, Macfarlane, Stauffer, Harvey, Crit tenden, Roche, Kammerer, W. J. Pope, and R. L. Dav...
Case Date:May 09, 1888
Court:Supreme Court of Illinois
 
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Page 899

16 N.E. 899 (Ill. 1888)

124 Ill. 474

DAVIES

v.

ATKINSON et al.

Supreme Court of Illinois

May 9, 1888

Appeal from appellate court, First district.

John Taylor Davies, of Liverpool, England, brought bill against John Arthur Atkinson, of Chicago, for an accounting of the copartnership business carried on between them at Chicago under the firm name of Davies, Atkinson & Co. After the dissolution of the firm and the appointment of a receiver, complainant brought a supplemental bill against John Arthur Atkinson, V. W. Macfarlane, Charles Schwartz, John Dupee, Jr., Lawrence Newman, Willaim L. Pope, Richard L. Davies, B. F. Stauffer, Frank A. Crittenden, William R. Harvey, James P. Sherwin, John T. Lester, R. A. Peters, Samuel W. Allerton, O. H. Roche, F. G. Logan, Frank K. Dunn, and Frank G. Kammerer, to recover money paid them by Atkinson for losses sustained in his speculations at the board of trade, which was dismissed in the superior court of Cook county, and appeal taken to the appellate court of the First district, from whose judgment of affirmance the case is brought for review to the supreme court.

Page 900

[124 Ill. 475] Smith & Pence, for appellant.

[124 Ill. 476] Wm. Garnett, Jr., for appellees Logan and Dunn.

H. L. Morse, for appellee Sherwin.

Bisbee, Ahrens & Decker, for appellees Schwartz, Dupee, Jr., Newman, Macfarlane, Stauffer, Harvey, Crit tenden, Roche, Kammerer, W. J. Pope, and R. L. Davies.

MULKEY, J.

On the 20th day of July, 1880, the appellant, John T. Davies, of Liverpool, England, and appellee John A. Atkinson, of Chicago, Ill., entered into a written agreement to become copartners together, under the firm name of Davies, Atkinson & Co., 'in the business of buying hogs and hog products, and curing, packing, and shipping the same to J. T. Davies & Company, of Liverpool, England, for sale on account of the firm of Davies, Atkinson & Co., on commission;' also for buying provisions on commission for shipment to the continent of Europe and elsewhere. The partnership business was to be conducted at Chicago, where the same business had previously been carried on between Davies and Isaac Atkinson, the father of Atkinson, lately deceased. The business was to continue [124 Ill. 477] indefinitely at the will of the parties, and until determined as in the agreement provided. By the third article of the agreement it is provided as follows: ' Third. It is expressly agreed that, during the existence of the copartnership, the said...

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