Degan v. Singer

Citations

• 41 Ill. 28

Syllabus

<p>1. Partnership—plea in abatement—non-assumpsit. Where three persons are sued as partners, and two of them file a plea in abatement denying the partnership with the other, and admitting it as between themselves, and the third files the general issue, he thereby admits the partnership, but the admission does not affect the issue presented by the other two.</p> <p>2. Same—plea of—declarations of one defendant—instructions. The admissions of the defendant who filed the plea of the general issue are binding upon himself, but not upon the other defendants. They can only be bound by their own acts and declarations. Such declarations of the defendant, who had admitted the partnership, are not evidence against the others, whether supported or not by other evidence; and it is error to instruct that they are. Had the statement been made in the presence of the others, and they had not contradicted it, it would then have been for the jury to determine whether it bound the others.</p>