Bowen v. Rutherford

Citations

• 60 Ill. 41

Syllabus

<p>1. PARTNERSHIP — proof thereof — by reputation. Whether persons are partners inter se, or quoad third parties, must be established by facts, by the acts of the party, or by circumstantial evidence, which induce the belief of a partnership. The question turns upon the assent of the person to be charged, and not upon general repute. A partnership can not be proven by general reputation.</p> <p>2. Instructions — need not be repeated. Where proper instructions have been given in a case, it is not error to refuse to repeat them.</p> <p>3. New trial — newly discovered evidence. It is not error to refuse to grant a new trial on newly discovered evidence which is only cumulative and inconclusive in its character.</p> <p>4. On such an application it must appear that the party asking a new trial, has used due diligence to discover evidence before the trial.</p> <p>5. Plea — notice of defense. When a plea, denying a partnership, is filed, it is notice that such a defense will be made.</p>