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89 Ill. App. 312

Arnold v. Eger

Appellate Court of Illinois

Decided May 21, 1900

Appellate Court of Illinois · decided 1900-05-21

<p>1. Evidence—Continued Use of Original Pass-book as Evidence .of ■ Liability of Banking Firm, Claimed to Have Been Dissolved,.—In a suit against persons alleged to have been partners in the banking business, for money claimed to have been deposited with them, defended on the ground of the dissolution of the partnership, plaintiff proved the partnership, that the firm issued him a bank-book and that transactions with the bank, both before and after the alleged dissolution, were entered in such book at the bank by the clerk. Held, that the book was admissible in evidence. Arnold v. Hart, 75 Ill. App. 165.</p> <p>2. Former Decisions—Followed.—The court cites with apiproval, Arnold v. Hart, 75 Ill. App. 165.</p>

Relies on Arnold v. Hart

Affirmed · Decided 1900-05-21

Mr. Presiding Justice Sears

¶1delivered the opinion of the court.

¶2But three grounds are presented upon which a reversal of the judgment is sought. First, it is contended that the judgment is excessive, in that it includes the amount deposited after the dissolution of the banking firm, and in that it includes interest. The evidence is sufficient to warrant the court in finding that the $200 was.deposited by appellee through the agency of his wife; and the provisions of the pass-book issued by the bank to the depositor provided for the interest allowed. The evidence is also sufficient to sustain the court in finding that appellee is not to be charged with notice of the dissolution.

¶3Secondly, it is urged that the court erred in admitting the pass-book in evidence. This contention is disposed of by the decision in Arnold v. Hart, 75 Ill. App. 165, wherein this court, speaking through Mr. Justice Windes, said :

“ It is claimed the court erred in admitting the bankbook in evidence. .Plaintiff proved the partnership, that he got the book at the bank, and that all the entries were made in it at the bank by the clerks. There was sufficient foundation to justify its admission in evidence. As to him the partnership continued until it was shown that be had notice of its dissolution, which is a special point of contest in this case.”

¶4Third, complaint is made that the court erred in modifying two propositions of law tendered by appellant, and in holding one proposition tendered by appellee. The two propositions as modified state the rules of law governing sufficiently favorable to appellants. It is apparent, considering together all the propositions held, that the court did not err in applying the law to the facts.

¶5Ho other questions are presented.

¶6The judgment is affirmed.

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