Degan v. Singer
| Decision Date | 30 April 1866 |
| Citation | 1866 WL 4532,41 Ill. 28 |
| Parties | SOLOMON DEGAN et al.v.FRANCIS SINGER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of La Salle county; the Hon. SIDNEY W. HARRIS, Judge, presiding.
This was an action of assumpsit brought by Francis Singer, in the La Salle Circuit Court, to the June Term, 1865, against Solomon Degan, Jacob Degan and Samuel Degan. The declaration complains of defendants as partners, and as such purchased of him seventeen head of cattle, at eight cents per pound, live weight, delivered at Chicago, and to be paid for on delivery. Plaintiff avers that he was ready, willing, and offered to deliver them on the 31st of March, 1865, the time specified, at Chicago, but defendants would not receive or pay for them. There were other counts which varied the statement of the agreement.
Samuel Degan filed the general issue, and Solomon and Jacob filed a plea in abatement, denying that they were partners with Samuel, but admitting they were as between themselves. Issues were formed on these pleas.
At the November Term, 1865, a trial was had before the court and a jury. On the trial plaintiff offered the statements and admissions of Samuel to prove the partnership of all three, to which the other defendants objected, but the evidence was admitted, and an exception taken. The court also instructed the jury that his admissions, if supported by other evidence, might be considered in determining the question of partnership as laid in the declaration.
The jury found the issues for the plaintiff, and assessed his damages at the sum of $325. Defendants entered a motion for a new trial, which was overruled by the court, and judgment was rendered on the verdict. Defendants appealed and bring the case to this court and ask a reversal of the judgment.
MR. GEORGE C. CAMPBELL, for the appellants.
MESSRS. BUSHNELL & AVERY, for the appellee.
This was an action of assumpsit, brought by Francis Singer against Solomon Degan, Jacob Degan and Samuel Degan, as partners, to recover damages on the breach of a contract for the purchase of seventeen head of cattle. It is claimed that they purchased the cattle at eight cents per pound, live weight, in Chicago, to be paid on delivery, but that when appellant offered to deliver the cattle, appellee refused to receive and pay for them, whereby appellee sustained damage.
Samuel Degan pleaded the general issue. Solomon and Jacob pleaded, in abatement, that they were not partners with Samuel, but were partners as between themselves, under...
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Donnan v. Bang
...Ill. 47. Statements in regard to a partnership made by one defendant in the absence of the other, should not have been admitted: Degan v. Singer, 41 Ill. 28; Hahn v. St. Clair S. & Ins. Co. 50 Ill. 456; Bishop v. Georgeson, 60 Ill. 434. If a partnership is to be implied against defendants a......
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Donnan v. Gross
... ... 177; 2 Greenleaf's Ev. 484; Degan et al. v. Singer, 41 Ill. 28; Hahn v. St. Clair S. & Ins. Co. 50 Ill. 456.If a person suffers his name to be used in business or holds himself out as ... ...
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Pope v. Lowitz
...of his copartners, is never admissible to prove a partnership or allowed to bind copartners: Gordon v. Bankard, 37 Ill. 147; Degan v. Singer, 41 Ill. 28. It was error to cross-examine appellant Patten upon an account before it had been mentioned in direct examination or offered in evidence:......
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Orofino Rochdale Co. v. Fred A. Shore Lumber Co.
... ... prove that relation as against the other parties ... (Etchemende v. Stearns, 44 Cal. 582; Degan v ... Singer, 41 Ill. 28.) ... [43 ... Idaho 431] There being insufficient competent evidence to ... establish a partnership relation ... ...