Grund v. Van Vleck

Citations

• 69 Ill. 478

Syllabus

<p>1. Trespass—liability of principal for agent's act. In trespass, by a tenant against the landlord, his agents and an officer, to recover damages for an alleged illegal distraint of the tenant’s goods for rent, the expulsion of the tenant and the removal of his goods from the demised premises, the last forming the principal grievance, a general recovery was bad against all. It appeared that the landlord was absent at the East at the time of the alleged trespasses, and did not direct the acts complained of, and did not know of their commission: Held, that the landlord could only he held responsible on the ground of a subsequent ratification, and without proof of his sanctioning the expulsion and removal of the goods, the judgment against him was erroneous.</p> <p>2. Same—liability of partner of trespasser. One partner can not involve another in a trespass, unless in the ordinary course of their business, and in a case where the trespass is in the nature of a taking which is available to the partnership; and in such case, to render the partner liable who did not join in the commission of the trespass, he must afterwards have concurred in and received the benefit of it.</p> <p>3. Partner—when liable for his co-pa/rtner's trespass by subsequent approval. Where one partner of a firm acting as agents for the owner of demised property, committed a trespass in expelling the tenant and removing his goods from the premises, it was held, that the other partner, who took no part in the act and knew nothing of it at the time, and neither advised nor directed it, could not he rendered liable on the mere ground of his subsequent approval and sanctioning of the act after its commission.</p> <p>4. Trespass—when liable by adopting or approving act. The subsequent approval of a trespass by a third person will not render him liable unless the act was originally done in his name or for his use.</p> <p>5. Same—vindictive damages. Where a person, innocent of the commission of a wrongful