Stark v. Corey

Citations

• 45 Ill. 431

Syllabus

<p>1. Partnership—liability of the firm for money borrowed by one of the partners. Where the managing partner of a firm engaged in the lime business borrowed of another his check, which he directed to be made payable “ to currency,” upon his promise to return the amount within an hour or so, and as soon as he should collect some lime bills due the firm, which he then had in his possession, and afterward the partnership was dissolved, it appearing by the proof, that such managing partner had been in the habit of so borrowing money from time to time to meet the firm liabilities, and that the money so borrowed was for such purpose, whether afterward applied in the partnership interest or not, — such partners were individually liable to pay it.</p> <p>3. Evidence—what admissible. So, where the bookkeeper who wrote the check entered at the time, upon the stub of the check, that it was drawn payable to the firm, it was held, that the stub was evidence of the fact that the credit was extended to the firm.</p>