Walker v. Chovin (16 Ill. 489, 1855)

Scates, 0. J.

An issue without written pleadm^fscems to have been submitted and tried, without objection to the nature of the defenses offered under it, or to the several proofs in support of them.

The sole point in controversy, as presented by the record, is, whether S. B. Walker, alone, or S. B. and M. 0. Walker, as partners, owe the defendants for the bill of goods sued for, and in the latter case, the right to set off an account of S. B. and M. 0. Walker against the defendants.

We entertain no doubt, from the evidence, that the indebtedness is a joint or co-partnership one, and due and owing by the firm of S. B. and M. 0. Walker, by express agreement between the two firms. The individual partners, during the partnership, and in the regular course of trade and their business, had the power to make such contract and bind their respective firms, and they did so. It appears that these mutual dealings by the respective firms, and the individual members of each, wore transacted, and the several items of indebtedness incurred, under the faith of this mutual arrangement. The evidence is clear and conclusive to this effect.

The facts that are presented, as a ground for avoiding this conclusion, are, that the account was opened, and the credit given to S. B. Walker, alone, on defendant’s books; that the goods were delivered to, purchased by, and for the individual use of, the family of S. B. Walker, and that Chovin