Edward F. W. Ellis' Administrators v. Bronson

• Decision Date: 30 April 1866
• Citation: 40 Ill. 455,1866 WL 4513
• Parties: EDWARD F. W. ELLIS' ADMINISTRATORSv.ISAAC C. BRONSON.
• Court: Illinois Supreme Court

40 Ill. 455

1866 WL 4513 (Ill.)

EDWARD F. W. ELLIS' ADMINISTRATORS

v.ISAAC C. BRONSON.

Supreme Court of Illinois.

April Term, 1866.

APPEAL from the Circuit Court of Winnebago county; the Hon. BENJAMIN R. SHELDON, Judge, presiding.

The facts in this case are sufficiently stated in the opinion.

Mr. JAMES M. WIGHT, for the appellants.

Messrs. BROWN & TAYLOR, for the appellee. Mr. CHIEF JUSTICE WALKER delivered the opinion of the Court:

This was originally a proceeding in the probate court, by Bronson against the administrators of the estate of E. F. W. Ellis, deceased, for the purpose of procuring an allowance of three certificates of deposit given by Spafford, Clark & Co., bankers in the city of Rockford. On a trial in the probate court, one of the certificates was allowed as a claim against the estate, but the others were rejected. The present appellee removed the case to the Circuit Court by appeal, where a trial was had by the court and a jury, who found for appellee the amount of all of the certificates. Appellants entered a motion for a new trial which was overruled, and the case is brought to this court by appeal. The only material question in the case, is, whether Ellis, in his life-time, and when the certificates were given, was a partner in the banking firm, or, if not, whether he held himself out to the world as such, so as to render himself liable for their payment. All of these certificates were assigned to appellee before he filed them in the probate court, and he continued to be the owner until after the appeal to the Circuit Court, when he assigned the judgment to John Platt, giving him the right to prosecute the case in his name.

The first of these certificates bears date the 22d of March, 1859, and was given to Thomas Marshall. The second was given to S. A. Knapp, and bears date the 13th of May, 1861; and the third bears date on the 21st of August, 1861, and was given to Richard Dean. As to the first, there seems to be no doubt, that Ellis was a partner in the firm of Spafford, Clark & Co., at the time it was given. It appears that Knapp, to whom the second was given, had some business with the firm for some time previous to the date of the certificate. In reference to the third, there is no evidence that Dean had been a customer, or had ever had any other business transactions with the firm.

The evidence in reference to Ellis' connection with the bank shows that he was a member of the banking firm of Spafford, Clark & Ellis, which some time previous to March, 1859, was succeeded by the firm of Spafford, Clark & Co., in which Sawyer seems to have taken the place of Ellis. In March, 1859, Ellis re-appears in the bank as a member of the firm of Spafford, Clark & Co. On the 13th of June, 1859, Clark and Ellis, two of the firm of Spafford, Clark & Co., executed an agreement, by which Clark seems to have bought out the interest of Ellis in the property belonging to the banking house of Spafford, Clark & Co., but from that time until September, 1860, Ellis continues at his place in the bank, and no visible appearance or public notice of any change. After September, 1860, he seems to have been engaged temporarily in some business in Chicago, he still continuing to reside in Rockford; and some time in the spring of 1861 he went into the military service, and died in the spring of 1862. In May, 1859, the business card of the firm, previously published in the Rockford register, was changed so as to include Ellis' name as a partner, and this card continued to be published until after the...