Shennefield v. Dutton

Citations

• 85 Ill. 503

Syllabus

<p>1. Evidence—to show whether note was a partnership debt assumed. Where one partner sold out his interest to the other two partners, who assumed the payment of all the firm debts, and the retiring partner sued them to recover a note he had paid, executed by himself and one of the other members of the firm, contending it was given for goods, and the defendants contending that it was given for the plaintiff’s own debt, and the plaintiff proved by a witness that one of the defendants showed him a list of the firm debts, in which was this note, and such defendant in testifying denied showing such a list, and stated that the only list of debts he ever had was given him by the plaintiff, and that if ever he showed the witness any list it was this, and the defendants then offered such list in evidence as showing no</p> <p>such firm debt, which the court excluded: Held, that the court erred in not admitting the same.</p> <p>2. Set-ovw—partner's account after dissolution. Where a co-partnership was dissolved by one selling all his interest in the goods and accounts, except a few which were reserved, to the other two partners, and the books showed an account of the firm against such outgoing partner, which was not excepted, in a suit by the latter against the other two it was held, that the amount of the account was a proper set-off, and that it was error to refuse testimony showing its amount.</p>