Davenport v. Henderson

Citations

• 47 Ill. 74

Syllabus

<p>1. Bill for an account. In 1837, D &.H, partners in trade, loaned to the firm of J. & S. Dunlap two sums of money, taking their notes therefor. J. Dunlap, at the same time, holding a note against D. In 1839, D & H dissolved, and in 1862, shortly before D’s death, he and J. Dunlap settled, and the notes on both sides were surrendered: Held, in a suit by H, against D’s executors, to compel an accounting as to the notes so received by D, it appearing in evidence that no final settlement had ever been made between D & H, concerning their partnership affairs, and that D had stated to J. Dunlap, as late as 1852, that H was interested in these notes; that the presumption that they had been assigned to D, could not be indulged, because of the lapse of time between the dissolution of the firm of D & H, and the settlement of the notes by D, and that H, therefore, was entitled to said accounting. '</p>