Chicago & Alton Railroad v. Mahan & Hunt

Citations

• 42 Ill. 158

Syllabus

<p>1. Evidence, as to existence of a partnership — declarations of the parties. In an action by two to recover the value of a lot of goods, where the question arises whether the ownership is in the plaintiffs jointly or whether they belong to one of them, individually, if the plaintiffs are allowed to prove their own declarations as to their partnership, it is competent for the defendant to give in evidence the record of a suit in which one of the plaintiffs had sued for the recovery of the same goods.</p> <p>2. Such evidence would he an admission by the party who had sued alone that there was no partnership, and, while it could not prejudice his co-plaintiff in reference to that question, it was competent to go to the jury on that issue so far as the plaintiffs had been allowed to prove the declarations of the party thus suing alone, in their own favor.</p>