Horton's Appeal
Supreme Court of Pennsylvania
Appeal of John Horton, defendant, from the decree of the Court of Common Pleas of Montgomery county, sitting in Equity, in the case of Sampson Tams and Jacob K. Olwine, plaintiffs vs. the said John Horton, defendant.
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Appeal of John Horton, defendant, from the decree of the Court of Common Pleas of Montgomery county, sitting in Equity, in the case of Sampson Tams and Jacob K. Olwine, plaintiffs vs. the said John Horton, defendant. Statement of facts: John Horton and Samson Tams, went into the iron business at the William Penn Furnace, in Montgomery county, on the 29th of Dec. 1847. By their articles of copartnership, Tams was to furnish the capital $10,000 — including therein, the lease of the furnace as part of said capital at a valuation of $3100. Horton who is an iron master, and the only one having a…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The bill concludes with a prayer for a special injunction, that John Horton, the defendant, shall be restrained from further interference in the affairs of the firm, and that the court *70appoint a receiver; and also a prayer for such further and other relief as may be meet and proper. The court however refuse to appoint a receiver, or restrain John Horton from interference; but order specially that he shall not prevent Tams from exercising all the rights and duties of a partner.
This is a special order, not asked for by the complainant’s bill.…
2Cases cited2 opinions
- Mason v. ConnellSupreme Court of Pennsylvania · 1836
- Cochran v. PerrySupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Luther v. LutherSupreme Court of Pennsylvania · 1906
- Spangler Brewing Co. v. McHenrySupreme Court of Pennsylvania · 1914
- Mercantile Library Co. v. University of PennsylvaniaSupreme Court of Pennsylvania · 1908
- Makof v. ShermanSuperior Court of Pennsylvania · 1908
- Summers v. ShryockSuperior Court of Pennsylvania · 1911