Bowzer v. Stoughton

Citations

• 119 Ill. 47
• 9 N.E. 208

Syllabus

<p>1. Partnership—remedy as between partners—whether at law or in equity. Where the affairs of a partnership firm have not been settled and a balance struck between its members, no action at lawr can be maintained by one member of the firm against another. The remedy in such case is in equity, to obtain a settlement of the accounts of the firm.</p> <p>2. Same—unsettled claim of one partner against the estate of a deceased partner. It is a good defence to a claim filed against an estate of a deceased person, that its items grew out of a partnership between the claimant and the intestate, which is still unsettled.</p> <p>3. Evidence—as tending to prove a partnership—stubs in cheek book. Where the items of an account filed against an estate are claimed to arise out of a partnership between the claimant and the intestate, the stubs on the check book, in connection with the checks showing that the claimant had received money on them, are properly admissible, in connection with other evidence, as tending to prove that the claimant’s demands are unsettled partnership matters.</p>