Warren v. Ball

Citations

• 37 Ill. 76

Syllabus

<p>1. Pab.inbb.ship—dormant partner. Where a person permits his name to appear as member of a partnership, or where, his name not appearing, he is nevertheless known as a partner, he continues liable, after his retirement, for debts to persons who have no notice of such retirement, and who have known him as a partner.</p> <p>2. Same. But notice of the retirement of a dormant partner is not necessary in order to protect him from liability, in subsequent transactions, with persons who have had no knowledge of his connection with the firm.</p> <p>3. Pleading—partnership. Where three persons were sued as partners on an instrument executed in the partnership name, and one of them filed a plea denying the partnership at the date of the note, to which the plaintiffs replied that the defendants were partners prior to the making of the note, and that they received it from one of the defendants without notice of the dissolution. Held that the replication was bad, in not averring that the defendant had been known to the plaintiffs as a member of the firm, the declaration disclosing that he was sued as a dormant partner, his name not appearing in the style of the firm.</p>