Doner v. Stauffer
Supreme Court of Pennsylvania
IN JüRROR. Writ of error, to the court of Common Pleas of Lancaster county. ■ j This was a feigtjed issue, directed by that court, and joined between the defendants in error, who were the plaintiffs below, (and for whom the verdict past,) and the plaintiffs in error, who were the defendants below.
Read the full summary
IN JüRROR. Writ of error, to the court of Common Pleas of Lancaster county. ■ j This was a feigtjed issue, directed by that court, and joined between the defendants in error, who were the plaintiffs below, (and for whom the verdict past,) and the plaintiffs in error, who were the defendants below. It appeared from the evidence in the cause, that Daniel Howry and Benjamin B. Eshelman entered into partnership in a manufacturing establishment, under the firm of Howry and Eshelman. They became considerably indebted. Judgments were entered and executions were issued against each of them. Mraham…
1Opinion of the Court
The opinion of the court was delivered by '
Gibson, C. J.
It is settled by a train of decisions in thq Ameri-. can, as well as the British courts', that the joint effects belong to* the firm, and not to the partners, each of whom is entitled only to ■■ a share of what may remain after payment of the partner-.? ship debts; and consequently, that no greater interest .can be derived from a voluntary assignment of his share, or a sale of.-it on exe-i. cution. That a contract which enables the parties to keep a class •of their creditors at bay, and yet retain the indicia of ownership, should not…
2Cases cited1 opinion
- Bell v. NewmanSupreme Court of Pennsylvania · 1819
3Cited by3 opinions
- Scruggs v. BurrussWest Virginia Supreme Court · 1885
- Shimer v. HuberU.S. Circuit Court for the District of Eastern Pennsylvania · 1879
- Steiner v. Peters Store Co.Supreme Court of Alabama · 1898