Shufeldt v. Seymour

Decided April 15, 1859

Illinois Supreme Court · decided 1859-04-15

This was an action of assumpsit, commenced by the appellees against the appellant and William S. Littell, by summons. The action was upon a promissory note, signed “ W. T. Shufeldt & Co.” The declaration charged the defendants below as co-partners, under the firm name and style of W. T. Shufeldt & Co., and contains a special count and the usual common counts.

Cited by 3 later decisions — most recently December 1888

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-04-15

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Caton, C. J.

¶1The, plea was a plea denying the execution of the instrument on which the action was brought. It did not put in issue the fact of the partnership, which was averred in the declaration. That fact could only be put in issue by a plea in abatement, properly verified, as directed by our statute. Warren v. Chambers, 12 Ill. R. 124. The execution of the note was put in issue, and that alone was in issue. That fact was abundantly proved on the trial, and the fact of partnership having been admitted by not filing a plea in abatement, it followed necessarily that the plaintiff was entitled to judgment. The judgment must be affirmed.

¶2Judgment affirmed.