Yocum v. Benson

Citations

• 45 Ill. 435

Syllabus

<p>1. Partnership—evidence of—what inadmissible. In a suit against several, as partners, where a portion of defendants by plea deny the partnership, a paper purporting to contain a list of the stockholders in an association in which appeared the names of the defendants in the handwriting of a former clerk of the association, in the absence of proof that the defendants had any knowledge of the existence of such paper, or that the clerk had any authority to sign their names thereto, was inadmissible as evidence of such partnership.</p> <p>2. Allegations and proof—as to joint Mobility of several sued as partners. In an action against several, as partners, no recovery can be had unless the partnership exists as to all the defendants; and where a portion only of the defendants deny the partnership by plea, a default against the remaining defendants will not dispense with the necessity of proof of partnership as to all.</p>