Roth-Adam Fuel Co. v. Adam

Full title: Roth-Adam Fuel Company, Plaintiff, v. Frank L. Adam, Defendant. Frank L…

Court: Appellate Court of Illinois, First District

Date published: Apr 28, 1941

310 Ill. App. 265 (Ill. App. Ct. 1941)

33 N.E.2d 744

Opinion

Gen. No. 41,557. (Abstract of Decision.)

Opinion filed April 28, 1941

PARTNERSHIP, § 27^_ — existence of, evidence. Chancellor properly granted plaintiff corporation an injunction against defendant, a discharged salesman, who continued to collect money due plaintiff by representing that he was still its employee, and found against defendant on counterclaim for accounting, where evidence showed that any prior partnership that might have existed was dissolved by withdrawal of a partner, that defendant failed to invest the capital he agreed to, and that after incorporation of plaintiff its books showed that defendant was paid a weekly salary.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. JOHN J. LUPE, presiding.

Affirmed. Heard in first division, first district, this court at December term, 1940.

Kennedy, Grider Moberley, for appellant;

Harry A. Biossat, for appellees.

Opinion by JUSTICE McSURELY.

"Not to be published in full." Opinion filed April 28, 1941.