Gordon v. Bankard

Citations

• 37 Ill. 147

Syllabus

<p>1. Pleading—proof. In a suit against three persons as partners doing business under the name J. J. B., one of them pleaded in abatement, that they were” not partners, but did not aver in the plea that they were not partners under the name of J. J. B. Held, if a demurrer had been interposed, the plea would have been pronounced bad because argumentative, but the plaintiff having taken issue, it was proper for the court to instruct the jury that they must find for the defendants, unless they believed, from the evidence, that, at the time the contract was executed, the defendants were partners under the name of J. .J. B.</p> <p>2. Evidence—admissions.- A partnership may be proven by evidence that each of the alleged partners had admitted its existence, but the admissions of one defendant, made in the absence of the others, are not evidence against them of the existence of the partnership.</p>