Gammon v. Huse

Citations

• 100 Ill. 234
• 1881 Ill. LEXIS 83

Syllabus

<p>1. Pbactice—;finding of facts by Appellate Court. The statute does not authorize the Appellate Court to incorporate into the record any special finding of facts, except in cases where the same is different, in part at least, from the finding in the trial court.</p> <p>2. Same—when general finding must prevail. A general finding .by the Appellate Court, that “the evidence supports the verdict,” must stand, unless there be some special finding inconsistent with it.</p> <p>3. Pabtnebship—liability of a retiring partner for debts subsequently contracted. Where a partner on a sale of his interest suffers his name to remain as a member of the firm, taking an agreement from the purchaser to pay all the indebtedness of the firm, whether contracted in the past or to be contracted in the future, he will be bound by a note given b$ a partner in the old firm name to one without notice of any actual change in the firm.</p> <p>4. Notice—of partner’s defect of power through agent. Where partnership articles provided that A should not give the firm note without the consent of B, another partner, which provision had been habitually disregarded, without objection, for about two years before the giving of a firm note by A for money loaned to the firm, the fact that C, another partner, acted as the agent of the lender, is not sufficient to charge the latter with notice of such provision, 'without any proof that it was present in the mind of 0 while so acting as agent.</p> <p>5. Same—when notice to agent applies to principal. It seems doubtful whether notice to an agent of one loaning money and tailing a firm note, who is also one of the borrowers and makers of the note, will be notice to the principal.</p> <p>6. Paboii evidence—of agreement at the time of making written contract. Parol testimony that at the time of the execution of a written agreement for the sale of a partner’s interest in a partnership, he agreed to let his name remain as a member of the firm, is admissible in a s