Gill v. Crosby

Citations

• 63 Ill. 190

Syllabus

<p>1. Partners in profits—control of property. Where A aud B, after conducting business under a written partnership agreement, for the purchase, feeding and sale of cattle and hogs fora while, entered into a new verbal agreement, by which A was to purchase the stock, furnishing the money for that purpose and for all the expenses, except that B was to furnish slops from his distillery; and A was to have the entire control and sale of the stock, to receive the proceeds of sale, and retain therefrom all moneys advanced by him and ten percent interest on one-half the amount, after which he was to divide, and pay to B one-half of the net profits, and the losses were to be equally divided: Held, that the new arrangement having superseded the partnership agreement, gave A the right to control the sale of the stock and receive the pay therefor.</p> <p>2. Sale—in fraud of partner’s rights. Where A and B were jointly interested in cattle fed by them for market, B’s only interest being that he was to share equally with A in the profits and losses, while A, who furnished the money for their purchase and the principal part of the expenses, by agreement, was to have the entire control and sale of the cattle, and receive the proceeds of sales, and before any division, repay himself all moneys advanced and ten per cent on one-lialf of the amount, after which he was to pay B one-half of the net profits; and B, to defraud A, colluded with 0, and sold and delivered to him the cattle, and received pay therefor, 0 being cognizant of the fraudulent purpose: Held, that 0, by such purchase, acquired no title as against A, and that A was entitled to recover the cattle from 0 in an action of replevin.</p> <p>3. Sale—ratification in ignorance of fraud. Where A and B were jointly interested in a lot of cattle, but, as between themselves, A had the sole control and right to sell and reimburse himself for advances, after which the net profits were to be equally divided, and B, by collusion with