{
  "id": 2965865,
  "name": "In the Matter of the Estate of Cassius M. Coyle, Deceased. Alice L. Coyle, Executrix, Appellant, v. W. D. Castle, Surviving Partner, Appellee",
  "name_abbreviation": "Coyle v. Castle",
  "decision_date": "1915-10-13",
  "docket_number": "",
  "first_page": "1",
  "last_page": "3",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 1"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 4492,
    "ocr_confidence": 0.585,
    "pagerank": {
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    "sha256": "a0d4cbe432dac78be8e742a87f94e8d3b580e26b0797884465fff990d3fbf83e",
    "simhash": "1:87be4940d2af46b9",
    "word_count": 743
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  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In the Matter of the Estate of Cassius M. Coyle, Deceased. Alice L. Coyle, Executrix, Appellant, v. W. D. Castle, Surviving Partner, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Graves\ndelivered the opinion of the court.\n11. Partnership, \u00a7 407*\u2014when evidence sufficient to sustain allowance of item in action for accounting. A ruling of the trial court in a partnership accounting as to the correctness of a certain item as charged, sustained, though at variance with the deductions made by a partisan expert accountant from records not preserved in the abstract, where witnesses had been heard by the trial court and the expert\u2019s deductions were shown to be unreliable.\n12. Costs, \u00a7 73 \u2014when appellant properly charged with cost of additional abstract. Where the appellant\u2019s abstract on appeal was defective, the cost of an additional abstract furnished by the appellee was, on affirmance of the judgment, taxed against the appellant.",
        "type": "majority",
        "author": "Mr. Justice Graves"
      }
    ],
    "attorneys": [
      "Welty, Sterling & Whitm:ore, for appellant.",
      "Stone, Oglevee & Franklin, for appellee."
    ],
    "corrections": "",
    "head_matter": "In the Matter of the Estate of Cassius M. Coyle, Deceased. Alice L. Coyle, Executrix, Appellant, v. W. D. Castle, Surviving Partner, Appellee.\n(Not to be reported in full.)\nAppeal from the Circuit Court of McLean county; the Hon. Conostbst D. Myers, Judge, presiding. Heard in this court at the Octo-\nber term, 1914.\nAffirmed.\nOpinion filed October 13, 1915.\nStatement of the Case.\nPartnership accounting by a surviving partner. In the matter of the estate of Cassius M. Coyle, deceased, W. D. Castle, surviving partner. Alice L. Coyle, executrix, objector, against W. D. Castle, surviving partner, defendant. From a decree directing the objector to pay a certain sum to the defendant, the objector appeals.\nWelty, Sterling & Whitm:ore, for appellant.\nStone, Oglevee & Franklin, for appellee.\nAbstract of the Decision.\n1. Jury, \u00a7 9 \u2014when parties no right to trial by jury. In a case settling up partnership a\u00f1airs after the death of one partner, held the parties were not entitled to a trial by jury.\n2. Trial, \u00a7 289*\u2014when propositions of law may be submitted. Propositions of law may only be submitted in cases where the right of trial by jury existed and the jury has been waived.\n3. Appeal and error, \u00a7 1166*-\u2014-when propositions of law not reviewed. The correctness or incorrectness of rulings of the trial court on propositions of law submitted need not be considered on appeal where there was no right to submit propositions of law.\n4. Appeal and error, \u00a7 1712*\u2014when assignments of error deemed waived. Assignments of error on appeal are considered waived if not argued.\n5. Appeal and error, \u00a7 1394*\u2014when findings not disturbed as unsupported by evidence. On appeal in a partnership. accounting, rulings on objections to items of account will be sustained unless clearly against the manifest weight of competent evidence.\n6. Appeal and error, \u00a7 1265*\u2014-when judgment, order or decree presumed correct. Unless all the evidence upon which a judgment, order or decree was based is preserved in the record on appeal, such judgment, order or decree will be presumed to be correct.\n7. Evidence, \u00a7 122*\u2014when secondary evidence inadmissible. Where in a partnership accounting original books, accounts, checks, etc., are in evidence, transcripts and abstracts made therefrom by an expert accountant are not competent.\n8. Evidence, \u00a7 164*\u2014what does not constitute admission against interest. Where a surviving partner in his account charged himself with a certain item, stating that the executrix of the deceased partner claimed that it was properly so chargeable but that he reserved the right to make proof of its correctness, held that the charging of such item was neither an admission against interest nor proof of its correctness.\n9. Evidence, \u00a7 366*\u2014when inadmissible as conclusion of witness. Testimony of a witness that a surviving partner had admitted that certain items should be charged to him in his account and that the witness thought such items amounted to a certain sum, held inadmissible as being a pure conclusion of the witness.\n10. Partnership, \u00a7 404*\u2014when presumed that items properly charged to firm\u2019s account. Where a deceased partner had also been cashier of the bank on which checks payable to the surviving partner were drawn and charged to the firm\u2019s account, held that on an accounting by the surviving partner it would be presumed that such items were properly so charged from the fact that the deceased partner had access to the books and there was no evidence that he objected to such procedure.\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": "0001-01",
  "first_page_order": 43,
  "last_page_order": 45
}