Ligare v. Peacock

Citations

• 109 Ill. 94

Syllabus

<p>1. Bill fob an accounting—at what stage of the suit an account may be taken. On bill by one partner against another for an account of the partnership matters, the first thing to be determined is, whether the parties are, in equity, required to account. When this is so found, the case should be referred to the master to hear the evidence and state an account. Until the case comes before the master there is no necessity to take evidence as to the state of the accounts.</p> <p>2. Settlement—receipt as evidence thereof. Where property of one person is sold by another, and a receipt given for a certain sum, even though for a less sum than the amount of the sale, the giving of such 'receipt will authorize the presumption of a settlement of such transaction.</p> <p>3. Partnership—presumption as to equality of interest. Where the fact of the existence of a partnership is established, in the absence of proof to the contrary it will be presumed that the interest of each partner is equal.</p> <p>4. Same—what business embraced in the partnership arrangement— evidence thereof. It was contended by one party to a bill for a partnership account, that there was a partnership between him and the other party in the sawing of lumber, and also in a lumber yard in Chicago, to which the lumber, when sawed, was shipped, while the latter contended that the partnership did not embrace the businéss in Chicago, and as evidence to corroborate his statement showed that he had made annual accounts, in which he credited the firm with the lumber he received at wholesale prices, to which accounts no objection was made: Held, that this was not evidence proving there was no partnership in the business at Chicago. If there was such a partnership, it mattered not what price was credited for the lumber. It could only amount to a memorandum of the amount received, and for which the party receiving should account.</p> <p>5. Same—dissolution—what so regarded. After the formation of a partnership, by whic