Commercial National Bank v. Proctor

Citations

• 98 Ill. 558
• 1881 Ill. LEXIS 291

Syllabus

<p>1. Practice—reviewing facts found by Appellate Court. By section 89 of the Practice act, as amended in 1877, this court is 'prohibited from determining controverted questions of fact, except in a few classes of cases. Where the Appellate Court affirms a judgment, it will be presumed’ it found the facts the same as did the trial court. So, in an action by the payee, upon a check, against the bank upon which it was drawn, this court can only look to the evidence to see whether the ruling upon the instructions was proper, or to see whether the facts found by the Appellate Court warranted the judgment, but not to see whether the evidence warranted the finding of the facts.</p> <p>2. Partnership—right to change a deposit in the name of one partner to the <rredit of the firm. Where one of two partners, carrying on business in his own name, deposits moneys of the firm in his own name in bank, such funds belonging to the firm the other partner will have the right to change the account during the life, of the partner in whose name the deposit was made, and place it to the credit of the firm account, and, after his death, to check it out as surviving partner. But if the same was the private means of the partner so depositing, the other will have no power to control it or check it out during the life of the depositor, or after his death.</p> <p>3. Same—right of surviving partner to use firm name. A surviving partner has the right to use the firm name in which to transact his business. A check drawn on a bank by him, either in the firm name or in his own name as surviving partner, when paid will protect the bank.</p> <p>4. Same—succeeding to business of a partner. Where a person engaged as an agent in the sale of manufactured articles on a commission, forms a partnership with another, and the firm continues the business, it will be a continuance of the agency, not only to sell, but also to collect for articles pre-’ viously sold, for the principal. And such money, when colle