Garabrant v. Wood
Superior Court of Pennsylvania
Appeal, No. 20, Jan. T., 1897, by defendants, from judgment of C. P. Luzerne Co., Feb. T., 1894, No. 276, confirming the findings of referee and dismissing exceptions thereto. Assumpsit on book account, Before Lynch, J. The case came up on exceptions to report óf F. W. Wheaton, Esq., referee, who found for the plaintiffs for the amount of their claim $759, with interest from February 1, 1894. The court below dismissed the exceptions to the referee’s report.
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Appeal, No. 20, Jan. T., 1897, by defendants, from judgment of C. P. Luzerne Co., Feb. T., 1894, No. 276, confirming the findings of referee and dismissing exceptions thereto. Assumpsit on book account, Before Lynch, J. The case came up on exceptions to report óf F. W. Wheaton, Esq., referee, who found for the plaintiffs for the amount of their claim $759, with interest from February 1, 1894. The court below dismissed the exceptions to the referee’s report. The facts are sufficiently set out in the opinion of the Superior Court. Errors assigned among others, were, (2) in overruling the second…
1Opinion of the Court
Opinion by
Reeder, J.,
This case was tried under the act of 1869 and its supplements by a referee agreed upon by the parties and without a jury. *396The question for us to determine is whether the contract made by Trout with the plaintiffs “ for hanging paper ” was within the line of business conducted by the defendants so that the partnership was bound by contracts in the firm name made by either of the partners. There is a distinction in the liability of members of a firm as affecting their accounts between each other and their liability with parties from whom they obtain credit or transact…
2Cases cited4 opinions
- City of Philadelphia v. LinnardSupreme Court of Pennsylvania · 1881
- Thornton v. Enterprise InsuranceSupreme Court of Pennsylvania · 1872
- Sterrett v. BullSupreme Court of Pennsylvania · 1808
- Hay v. KramerSupreme Court of Pennsylvania · 1841
3Cited by1 opinion
- Commonwealth v. Del GiornoSupreme Court of Pennsylvania · 1931