Lycoming Insurance v. Barringer

Citations

• 73 Ill. 230

Syllabus

<p>1. Partnership—Turn it may exist. An intention, or even an agreement, to form a partnership, does not create one. Persons may be partners as to third parties, and brought within all the liabilities of such relation as to them, who are not as between themselves; and as between partners, the property may belong exclusively to one member of the firm, although bound to third persons for the debts of the firm.</p> <p>2. Same—what will constitute. The mere fact that a person puts a certain amount of money into a business, and permits his name to be used as a partner, will not make him a joint owner of the goods used in the business, unless it was so agreed and understood at the time he so placed his money and permitted the use of his name. As to third parties dealing with them on the faith of a partnership, such parties are partners, but not inter sese.</p> <p>3. Insurance—degree of negligence to avoid. One of the objects of insurance being recompense for one’s negligence in case of a loss, if the negligence of the assured is not wilful or so gross as to amount to fraud, the insurer will not be released.</p> <p>4. Same—what is gross negligence. The term “ gross negligence,” as used in a condition in a policy of insurance exempting from loss on that account, is the want of that diligence which even careless men are'accustomed to exercise.</p> <p>5. Same—waiver of condition of forfeiture. Although a policy of insurance may contain a condition rendering the policy void if the assured shall have any other insurance on the property without the consent of the company written on the policy, yet, if the agent of the companjr, at the time he issued the policy, knew of another insurance on the same property, and made no objection to issuing it on that account, and received the premium, this will be a waiver of the condition, and the policy will he binding.</p>