Coates v. Preston

Citations

• 105 Ill. 470
• 1883 Ill. LEXIS 109

Syllabus

<p>1. Set-cm?—demands must be mutual. It is a familiar rule that debts, to be the subject of set-off, must be mutual between the parties to the action. A debt due from a firm can not be set off against the claim of an individual partner of the firm.</p> <p>2. Joint obligations—statute making them several, construed. Section 3, chapter 76, of the Revised Statutes, which delares that “all joint obligations and covenants shall be taken and held to be joint and several obligations and covenants, ” has reference only to contracts, obligations or covenants made jointly by persons in their individual capacity, and not to partnership obligations or debts. The statute does not authorize suit to be brought on a partnership debt against one member of the firm.</p> <p>3. Bank check—recovery when drawer has not a sufficient deposit to pay. A bank is under no obligation to pay any sum on a check payable to the drawer’s order, and by him assigned, when the drawer has not sufficient money on deposit to his credit in the bank to pay the check in full, and no recovery in such case can be had by the assignee. The rule may be different when the drawer himself is plaintiff.</p>