Smith v. Norris

Decided October 13, 1916

Appellate Court of Illinois · decided 1916-10-13

Abstract of the Decision. 1. Assumpsit, action of, § 75*—when action will not lie against a partner. Assumpsit will not lie against one partner on a promissory note signed in the firm name. 2. Assumpsit, action of, § 89*—when evidence in action for money loaned does not support judgment for plaintiff. In an action in assumpsit for money alleged in one count of the declaration to have been loaned to the defendant at his individual request, and in another count alleged to have been loaned to the defendant’s authorized agent, evidence held to show neither a loan to the defendant at his request nor that the alleged agent had authority to borrow money on behalf of the defendant.

Reversed · Decided 1916-10-13

Mr. Justice Eldredge

¶1delivered the opinion of the court.

2. Assumpsit, action of, § 89*—when evidence in action for money loaned does not support judgment for plaintiff. In an action in assumpsit for money alleged in one count of the declaration to have been loaned to the defendant at his individual request, and in another count alleged to have been loaned to the defendant’s authorized agent, evidence held to show neither a loan to the defendant at his request nor that the alleged agent had authority to borrow money on behalf of the defendant.