Boyd v. Thompson & Coxe
Supreme Court of Pennsylvania
Appeal, Nos. 164 and 165, July T., 1892, by Jacob Mann, trustee, a creditor of defendants, and W. W. Coxe, from orders of C. P. No. 4, Phila. Co., March T., 1892, Nos. 910 and 911, refusing to strike off judgments and set aside executions in favor of Boyd, Harley & Co., and Dornan Bros., plaintiffs, against Thompson & Coxe, defendants. Rules to strike off judgments, etc.
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Appeal, Nos. 164 and 165, July T., 1892, by Jacob Mann, trustee, a creditor of defendants, and W. W. Coxe, from orders of C. P. No. 4, Phila. Co., March T., 1892, Nos. 910 and 911, refusing to strike off judgments and set aside executions in favor of Boyd, Harley & Co., and Dornan Bros., plaintiffs, against Thompson & Coxe, defendants. Rules to strike off judgments, etc. By depositions presented at the hearing of the rules the following facts appeared: James R. Thompson and W. W. Coxe, under the firm name of Thompson & Coxe, were dealers in carpets in the city of Philadelphia. On May 19,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
These eases depend on the same questions. The -difficulty thought to be encountered in them is much more apparent than real. There is a long line of cases among which is Schmertz v. Shreeve, 62 Pa. 457, holding that one partner cannot bind his partners or his firm by a deed or other instrument under seal by virtue of his implied power as a member of the firm to represent it. There is another line of cases which hold that a *82judgment confessed by one partner for a partnership debt will authorize a levy and sale of goods belonging to the firm as well as the…
2Cases cited6 opinions
- Harper v. FoxSupreme Court of Pennsylvania · 1844
- Schmertz v. ShreeveSupreme Court of Pennsylvania · 1870
- Grier & Co. v. HoodSupreme Court of Pennsylvania · 1855
- Ross v. HowellSupreme Court of Pennsylvania · 1877
- McNaughton's AppealSupreme Court of Pennsylvania · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jamestown Banking Co. v. Conneaut Lake Dock & Dredge Co.Supreme Court of Pennsylvania · 1940
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- McMillen v. Industrial CommissionOhio Court of Appeals · 1920
- Funk v. YoungSupreme Court of Pennsylvania · 1913
- Franklin v. MorrisSupreme Court of Pennsylvania · 1893
6 more not listed; retrieve them via the Exa API.