Shober & Carqueville Lithographing Co. v. Kerting

Citations

• 107 Ill. 344
• 1883 Ill. LEXIS 269

Syllabus

<p>1. Contract—assuming the debts of another—consideration. Where a corporation is formed, and purchases the business and assets of a firm, the members of which compose the corporation in part, which business is conducted as before the dissolution of the partnership, and the corporation, as a part of the consideration of the property and assets of the firm, assumes its debts and liabilities, the promise to pay such debts is founded' on a sufficient consideration, and a creditor of the firm may maintain an action for his debt against such corporation, especially when it still continues him in the same employment out of which the debt has arisen.</p> <p>2. Eight op triad by. jury—striking items from bill of particulars. Where a party was employed by a firm to solicit orders, in which employment he continued until the firm ceased and was organized as a corporation, and afterward he continued in the same business for it without any new special contract, and there was evidence tending to show that the corporation, in consideration of the business and assets of the firm being transferred to it, assumed the debts of the firm, and promised the party to pay him for his services rendered to the firm, it was held, in an action by such party against the corporation, that a motion to strike out all the items in his bill of particulars for services rendered before the organization of the corporation, was properly overruled, as he had a right to submit the question of the liability of the corporation for those services to a jury, upon the evidence.</p> <p>3. Same—party can not complain of irrelevant evidence brought out by himself. Where it appears that evidence complained of was mainlj' called out upon cross-examination by the defendant’s own counsel, he will have no right to complain, even if the evidence is irrelevant.</p> <p>4. Practice in the Supreme Court—abstract of the record—what it should contain. Where the abstract of an appellant fails to show that he took any exceptio