Derby v. Gage

Citations

• 38 Ill. 27

Syllabus

<p>1. Practice in Chancery—when the answer is evasive. If the answer of a defendant in chancery is evasive, the complainant should except to it, and compel a specific statement in reference to the subject evaded, or file a replication and take proof thereon.</p> <p>2. Same—when answer taken as true. Where there is a hearing upon bill and answer alone, the answer will be taken as true.</p> <p>3. Partnership—liability of partners as among themselves. Where one of several partners who has in his hands all the assets of the firm is called upon by some of his co-partners for an account, the mere fact that he has paid other members of the firm their portions, will not bind him to anticipate a sale of partnership property in his hands in settling with those seeking the account.</p> <p>4. Set off in equity—cross-bill. A claim of set off, having no connection with the subject matter of the suit, can only be heard upon cross-bill.</p> <p>5. And a cross bill should not be permitted to be filed for that purpose, unless it is shown to the court by affidavit, that the complainants are in such pecuniary circumstances that the alleged claim is likely to be lost unless allowed to be set off,</p> <p>6. Parties—in suit for an account between partners. In a suit in chancery by a portion of the members of a co-partnership, against another who has in his hands all the assets of the firm, for an account thereof, all the partners are necessary parties.</p> <p>7. Interest—when recoverable—on taking an account between partners. And in such a proceeding the complainants are entitled to interest on the amount found due them, from the time they demanded payment.</p>