Bishop v. Georgeson

Citations

• 60 Ill. 484

Syllabus

<p>1. Evidence — hearsay, inadmissible. It is error for the court trying.a cause to admit- hearsay evidence. The party, originally making the statement should he called and required to testify, and not a person who has .heard the witness make the statements.</p> <p>2. Paktneuship — proof of, xohere denied. Where a partnership is denied by one of the persons sued, he can not be proved a partner by the acts or declarations of those claimed to be partners. Their declarations are admissible to prove them partners, but it is error, when such evidence has been adduced, to instruct the jury that, if they find from all the evidence that the person denying the partnership is a partner, then the declarations of either partner will bind the firm. Such instruction authorizes the jury to consider the evidence not applicable to the proof of partnership, by the person denying it, to make him a partner.</p> <p>3. A person can not be made a partner in fact, or appearance, so as to biud him, unless by his consent, admissions or acts. The declarations or acts of others can have no such effect unless authorized or ratified by him.</p>