Legal Opinion

Todd v. Lorah

Supreme Court of Pennsylvania

Decided January 26, 1874PublishedCited by 4 opinions

Error to the Court of Common Pleas of Montgomery county: No. 280, to January Term 1874. A. K. Lorah, surviving partner of Willman & Lorah, brought an action before a justice of the peace against Dr. John Todd.

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Error to the Court of Common Pleas of Montgomery county: No. 280, to January Term 1874. A. K. Lorah, surviving partner of Willman & Lorah, brought an action before a justice of the peace against Dr. John Todd. After judgment there, it was removed into the Court of Common Pleas by appeal, on the 4th of January 1872, and the following case was stated by the parties and filed:— “ Dr. John Todd is a practising physician, and attended professionally Jacob Willman, the deceased partner, and his family from July 4th 1868, to December 25th 1869. During the latter part of this time, by the special…

1Opinion of the Court

The opinion of the court was delivered, January 26th 1874, by

Gordon, J.

In the case stated, which was submitted to the court below for its decision, there is one controlling statement, that is, that Lorah, the partner of Willman, was not a party to the arrangement by which Dr. Todd was to get the goods of the firm in satisfaction of his bill against Willman, neither did he consent thereto. But this consent is exactly what is necessary in order to bind a firm to an arrangement by which the partnership assets are to be taken to pay an individual debt: Noble v. MeClintock, 2 W. & S. 152; Tanner…

2Cases cited1 opinion

  1. Noble v. M'ClintockSupreme Court of Pennsylvania · 1841

3Cited by4 opinions

  1. McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
  2. J. B. Larzelere & Son v. TielSuperior Court of Pennsylvania · 1896
  3. Leonard v. SmithSupreme Court of Pennsylvania · 1894
  4. Kutz v. NaugleSuperior Court of Pennsylvania · 1898

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