{
  "id": 2878254,
  "name": "Charles H. Commons, Appellant, v. Taylor A. Snow, Appellee",
  "name_abbreviation": "Commons v. Snow",
  "decision_date": "1915-10-05",
  "docket_number": "Gen. No. 20,873",
  "first_page": "569",
  "last_page": "571",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 569"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 242,
    "char_count": 2971,
    "ocr_confidence": 0.57,
    "pagerank": {
      "raw": 9.20633076239187e-08,
      "percentile": 0.5098403420431076
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    "sha256": "f3eb4f7365a6e3042597f29f65a37b4ef3e14ebfa96cb451db17c61ecb4f3368",
    "simhash": "1:4336c7d96c09bd65",
    "word_count": 491
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  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Charles H. Commons, Appellant, v. Taylor A. Snow, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.\n5. Partnership, \u00a7 337 \u2014when release of partner not restricted. A final clause of a general release executed to partners on dissolution, stating that the property shall be the undisputed personal estate of each partner, does not restrict or detract from the instrument as a general release.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "Fred H. Atwood, Frank B. Pease, Charles O. Loucks and Vernon R. Loucks, for appellant; Harold L. Reeve, of counsel.",
      "Frank B. Dyche, for appellee."
    ],
    "corrections": "",
    "head_matter": "Charles H. Commons, Appellant, v. Taylor A. Snow, Appellee.\nGen. No. 20,873.\n(Not to he reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Fbed C. Hill, Judge, presiding.\nHeard in this court at the October term, 1914.\nAffirmed.\nOpinion filed October 5, 1915.\nStatement of the Case.\nAction by Charles H. Commons against Taylor A. Snow to recover $5,790.54. The parties had been partners in two firms, Taylor A. Snow & Company and the Co-operative Home Purchasing Society and the partnerships had been -dissolved, Snow succeeding to the business of the former firm and Commons to that of the latter. At the time of dissolution it was agreed that each partner was discharged from liability to the other. Plaintiff testified that the sum involved was borrowed from the Co-operative Home Purchasing Society by the Haberer & Snow Company, the predecessor of Taylor A. Snow & Company. At the trial the court instructed a verdict for the defendant, upon which a judgment of nil capiat was entered and the plaintiff appeals.\nAbstract of the Decision.\n1. Partnership, \u00a7 386 \u2014when partner may sue another partner. One partner cannot maintain an .action at law against his co-partner, either in an original suit or by way of set-off, upon any transaction relating to the partnership business, unless there has been a final accounting and settlement of all the partnership matters, a balance is struck and a promise to pay such balance.\n2. Partnership, \u00a7 404 \u2014what will he presumed after dissolution. After a partnership has been dissolved it will be presumed that there was an adjustment of the accounts, and that all accounts were taken into consideration in arriving at the amount to be paid the retiring partner, and that the debt of the selling'partner was taken into account in fixing the sale price.\n3. Partnership, \u00a7 337*\u2014who may interpret effect of releases on dissolution. Where a partnership is dissolved, the effect of releases of claims in evidence is a question for the court\u2019s interpretation.\n4. Contracts, \u00a7 164*\u2014when contract need not he construed. Where language of a contract is unequivocal, although the parties may have failed to express their real intention, there is no room for construction, and the legal effect of the agreement must be enforced.\nFred H. Atwood, Frank B. Pease, Charles O. Loucks and Vernon R. Loucks, for appellant; Harold L. Reeve, of counsel.\nFrank B. Dyche, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest; Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0569-01",
  "first_page_order": 591,
  "last_page_order": 593
}