Lockwood v. Doane

Citations

• 107 Ill. 235
• 1883 Ill. LEXIS 255

Syllabus

<p>1. Partnership-—whether it exists—presumption. Where parties agree to share iu the profits of a business, the law will infer a partnership between them in the business to which the agreement relates. This presumption will control until rebutted by proof to the contrary.</p> <p>2. Amendment—making new parties plaintiff. In an action on the case for fraud and deceit in the purchase of goods, where the evidence shows that other persons than.those already made parties had an interest in the profits of the goods sold by the plaintiff, an amendment making such persons co-plaintiffs is properly allowed on the trial.</p> <p>3. Same—omission to make amendment which has been allowed—cured by verdict. Where an amendment of the,papers and proceedings in a case is allowed, making other persons co-plaintiffs in the suit, a failure to make the change in the papers, etc., by interlineation, is nothing more than a technical omission, and is, after verdict, cured by the statute of amendments and jeofails.-</p> <p>i. Appeal—reviewing controverted questions of fact. In an action on the case for fraud and deceit in the purchase of goods, where the judgment is affirmed by the Appellate Court, this court is prohibited from considering the evidence on controverted questions of fact, further than to determine whether the instructions are supported by it'.</p> <p>5. Evidence—to show fraud in sale or purchase. To prove a sale of goods fraudulent as to creditors, and the intent of the seller, it is' competent to show the manner in which he recently obtained goods from his creditors, as well as the manner in which he disposed of them; and the Same rule, must apply where a person is charged with fraudulently purchasing goods, knowing his insolvency and inability to .pay for them.</p> <p>6. Erbor will not always reverse—as to improper instructions, This court will not reverse a judgment for merely technical errors in instructions given, unless it can see that they did or were calculated to mis