Heartt v. Walsh

Citations

• 75 Ill. 200

Syllabus

<p>1. Partnership—right of partner after dissolution to settle claim due Jwm. Upon the dissolution of a partnership, in the absence of any agreement to the contrary, each partner may collect the debts and receipt therefor, and neither the insolvency of the partner receiving the money, nor the application he makes of it, alters the right.</p> <p>3. Same — settlement in violation of an agreement to produce duplicate bilis of sales. Where one firm furnishing another with grain, in consequence of a discrepancy between .the parties as to the precise quantity and price of a few loads, it was agreed that for future loads the firm selling should send duplicate bills, the purchasing firm to retain one, and mark the other “ correct,” and return it by the teamster, it was held that as the sole object of this was to avoid disputes as to the quantity and value of the grain delivered, so long as the full amount of the grain delivered was settled for, it was immaterial whether the duplicate bills were taken and surrendered or not.</p> <p>3. Same—settlement by partner not affected by his misapplication. Where one partner makes a settlement of matters due the firm by taking a note for the sum due, his misapplication of the note will not invalidate the settlement unless fraudulently made by the other party to enable a fraud to be practiced on the firm.</p>