O'Brien v. Hanley

Citations

• 86 Ill. 278

Syllabus

<p>1. Partnership books — binding on each partner alike. The books of a firm kept by a clerk, to which all of the partners have, or are entitled to have, access at all times, are equally binding on all the partners.</p> <p>2. One of the members of a firm kept the time of men employed, in a pass or time-book, and reported the time of each man, weekly, to the book-keeper, who entered it on the books of the firm, and when the men were paid, if they claimed more time than had been reported to the book-keeper, the partner keeping the time was called in and the books corrected in accordance with the facts. Sometimes the partner keeping time was sick or absent, and then the bookkeeper got the men’s time from other sources. On a settlement of the partnership affairs, the partner who had kept the time of the men claimed that the books of the firm were incorrect, because there was more time shown by them than his time-book showed: Held, that, under the circumstances, the books as kept by the clerk were binding on both partners.</p>