Mason v. Tiffany

Citations

• 45 Ill. 392

Syllabus

<p>1. Practice—reinstatement of a cause—after the lapse of the term at which it was dismissed. A court has the power to reinstate a case after the lapse of the term at which it was dismissed, where, by the terms of the order of dismissal, such right was reserved.</p> <p>2. Same—when pa/i'ties will be deemed to hare warned all objections to such reinstatement. And in such case, all objections to the order reinstating the case will he deemed to have been waived by the parties, where, after the entry of such order, by their action, the case is recognized as properly in court.</p> <p>3. Partnership—debts of—payment may be enforced against surriring pa/rtner, or assets of deceased pa/rtner. Every partnership debt is joint and several, and, in all such cases, resort may be primarily had for the debt to the surviving partners, or to the assets of the deceased partner.</p> <p>4. Former decision. The case of Ladd v. Griswold, 4 Glim. 25, cited as fully sustaining this doctrine.</p> <p>5. Partnership—concerning the rights and remedies of creditors of a partnership. George B. Tiffany & Co., through Tiffany, made a contract for the firm with M., McA. & Co., for the manufacture of a certain number of boilers, and before their delivery Tiffany died; and they were received by the surviving partners, who continued the business in the old name, and in such firm name executed notes for the purchase price. Subsequently, Tiffany’s interest in the concern was purchased by the surviving partners, and, shortly after, they made a general assignment for the benefit of creditors. Held, that this was an indebtedness subsisting against the firm in the life-time of Tiffany, contracted before its dissolution by his death, for which his separate estate was liable.</p> <p>6. Same. And in such case, it is no objection, that the surviving partners remained solvent for a long time before their assignment, and that the assigned assets were sufficient to pay the claim, the creditors of the firm having