Legal Opinion

Marsh's Appeal

Supreme Court of Pennsylvania

Decided July 3, 1872PublishedCited by 4 opinions

Appeal from the decree of the Court of Common Pleas of Union county : In Equity, Of January Term 1871. This was a bill by Jamos S. Marsh, Joseph W. Shriner and Charles C. Sharkley, administrator, &c., of Frederick Marsh, against Samuel Geddes.

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Appeal from the decree of the Court of Common Pleas of Union county : In Equity, Of January Term 1871. This was a bill by Jamos S. Marsh, Joseph W. Shriner and Charles C. Sharkley, administrator, &c., of Frederick Marsh, against Samuel Geddes. The bill was filed July 16th 1867, and was for the settlement of the partnership account of the late firm of Geddes, Marsh & Co. The bill contained 15 paragraphs : — the only question brought up by the appeal arose on the 8th paragraph, viz.:— “ That the said defendant, in violation of his agreement as a member of said firm, neglected and refused to…

1Opinion of the Court

The opinion of the court was delivered, July 3d 1872, by

Williams, J.

The only question in this case is, whether a partner who neglects and refuses, without reasonable cause, to perform the personal services which he has stipulated to render the partnership, is liable to account to the firm for the value of the services in the settlement of the partnership accounts. The master and the court below refused to charge the defendant with what would have been the value of his services to the firm if they had been rendered as agreed; because, in the absence of an express stipulation, partners are not…

2Cases cited2 opinions

  1. Lewis v. MoffettIllinois Supreme Court · 1849
  2. Reynolds v. Heirs of MardisSupreme Court of Alabama · 1849

3Cited by4 opinions

  1. Rosenfeld v. RosenfeldSupreme Court of Pennsylvania · 1957
  2. Clarke v. Slate v. R. Co.Supreme Court of Pennsylvania · 1890
  3. Rolshouse v. WallySupreme Court of Pennsylvania · 1922
  4. Montgomery v. BurchCourt of Appeals of Texas · 1928

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