Hamilton v. Hamilton's Executors
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county. This was a bill in equity filed by Hamilton v. Hamilton’s executors, in which it was stated that the complainant, in 1886, entered into ,a partnership with defendant’s testator, for the purpose of erecting and constructing a railroad and dock, at the coal works of Bosby, Kramer & Company, and that the partners were to hear an equal proportion of the expense of construction, and share equal profits.
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Appeal from the decree of the District Court of Allegheny county. This was a bill in equity filed by Hamilton v. Hamilton’s executors, in which it was stated that the complainant, in 1886, entered into ,a partnership with defendant’s testator, for the purpose of erecting and constructing a railroad and dock, at the coal works of Bosby, Kramer & Company, and that the partners were to hear an equal proportion of the expense of construction, and share equal profits. The bill further set out, that the work was constructed according to the contract, and that when completed, the defendant’s…
1Opinion of the Court
The opinion of the Court was delivered by
Coulter, J.
The orator complains that the respondents’ testator and himself, agreed to build a railroad and dock in 1836, for the sum of $1850, and that in the same year the work was completed, and the respondent drew the money and applied it to his own use. The respondent answers, first, the statute of limitations, and second, that the partnership was settled, and the defendants’ testator paid his share. A chancellor applies the statute of limitation, with the same substantial effect that it receives in a court of law. There is no reason why disputes…
2Cases cited1 opinion
- Galbreath v. MooreSupreme Court of Pennsylvania · 1833
3Cited by8 opinions
- Lewey v. H. C. Fricke Coke Co.Supreme Court of Pennsylvania · 1895
- Ebbert v. Plymouth Oil Co.Supreme Court of Pennsylvania · 1943
- Barnes & Tucker Co. v. Bird Coal Co.Supreme Court of Pennsylvania · 1939
- Dalzell v. LewisSupreme Court of Pennsylvania · 1916
- Borland's AppealSupreme Court of Pennsylvania · 1912
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