Brown v. Agnew
Supreme Court of Pennsylvania
THIS was a writ of error to the District Court for the city and county of Philadelphia, in which William Agnew declared against William Brown in assumpsit for money paid, laid out and expended, and for money lent and advanced. The defendant pleaded non assumpsit, payment and set-off with leave, &c. On the 1st February 1830, the plaintiff and defendant entered into partnership in the city of Philadelphia for the term of three years.
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THIS was a writ of error to the District Court for the city and county of Philadelphia, in which William Agnew declared against William Brown in assumpsit for money paid, laid out and expended, and for money lent and advanced. The defendant pleaded non assumpsit, payment and set-off with leave, &c. On the 1st February 1830, the plaintiff and defendant entered into partnership in the city of Philadelphia for the term of three years. On the 6th March 1832, the defendant made a promissory note in the name of the firm at six months for $859.51, to the order of and endorsed by H. C. Corbit. On the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It would seem that where there is a general partnership, and one partner, during its existence, pays a partnership debt, he is not entitled to recover in assumpsit against the other for contribution; for this action is founded on contract, and there is no contract between them, of this kind, implied by the partnership, but the remedy is by action of account-render to compel a settlement of the accounts of the partnership and adjust the balance due on the one side or the other. If, however, the partnership has been dissolved, and the…
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