Loomis v. Barker

Citations

• 69 Ill. 360

Syllabus

<p>• 1. Execution—property held by agent for sale not liable for agent's debt. Where personal property is in the hands of a party merely as a general agent of the owner, with authority from the owner to sell the same, and who is required to account for the proceeds when sold, this will not invest the agent with any title to the property, so as to make it liable to be seized on execution or attachment against the agent.</p> <p>3. Partnership—liability of firm for tori of one paniner. The rule is, that partners are liable in solido for the torts of one, if the tort is committed by him as a partner, and in the course of the partnership business.</p> <p>S. Same—liability of firm in trover for conversion by one paniner. It is not necessary there should be a joint conversion in fact in order to implicate all the partners, as such a conversion may arise by construction of law. An assent by some of the partners to a conversion by the others will make them wrong-doers equally with the rest, provided the conversion was for their use and benefit, and that they were in a situation to have originally commanded the conversion.</p> <p>4. Where one partner placed a claim in the hands of a constable for collection, and under which property of a stranger to the process was seized and sold under attachment or execution, and the other partner was present at the sale, and bid on the property, and treated and spoke of the property as having been taken and sold on the process issued upon a claim due the firm, and he received the proceeds of the sale as a payment on such claim, it was held, in an action of trover by the owner against the partners, that they were both liable for the conversion.</p>