Albee v. Wachter

Citations

• 74 Ill. 173

Syllabus

<p>1. Bill fob account—sufficiency of proof. On bill by one partner against his copartner for an account, the complainant, during the defendant’s lifetime, proved by a third party who had examined the firm books, the amount of the profits and the amount he found due the complainant. . This the defendant never attempted to explain or deny, though he had ample time, and after his death his administrator failed to explain or rebut it by testimony. It also appeared that the complainant had no access to the books, which the defense never produced: Held, that although the evidence was somewhat unsatisfactory, yet, under the circumstances, it was sufficient prima facie to uphold a decree in complainant’s favor.</p> <p>2. Execution — cannot issue against an estate. It is error to award an execution against an administrator upon a decree against the estate of his intestate. The decree should require the administrator to pay the sum found to be due, in the due course of administration. •</p>