Hallstead v. Coleman
Supreme Court of Pennsylvania
Nos. 260, 261 January Term 1891, Sup. Ct.; court below, No. 328 December Term 1887, C. P. On October 19, 1887, W. F. Hallstead, guardian of Mary E. and Henry C. Clapp, minor children of H. Clay Clapp, deceased, brought assumpsit against Michael Coleman, Susan Fish, Levi Curtis and others, “ late copartners doing business under the firm name of the Home Savings Bank of South Waverly,” to recover the amount of a deposit alleged to have been made by the plaintiff in the Home…
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Nos. 260, 261 January Term 1891, Sup. Ct.; court below, No. 328 December Term 1887, C. P. On October 19, 1887, W. F. Hallstead, guardian of Mary E. and Henry C. Clapp, minor children of H. Clay Clapp, deceased, brought assumpsit against Michael Coleman, Susan Fish, Levi Curtis and others, “ late copartners doing business under the firm name of the Home Savings Bank of South Waverly,” to recover the amount of a deposit alleged to have been made by the plaintiff in the Home Savings Bank. The defendants pleaded non-assumpsit. At the trial on February 12, 1890, the jury were sworn as to Michael…
1Opinion of the Court
*363Opinion,
Mr. Justice Williams:
The learned judge, before whom this case was tried, correctly-stated the principles that controlled the liability of partners to third persons dealing with them. There is no doubt that, where the relation is shown to exist, each partner is liable individually for all the debts of the firm. It is also true, as a general rule, that participation in profits makes one a partner as to persons dealing with the firm, although this rule is not without some well-recognized exceptions: Edwards v. Tracy, 62 Pa. 374; Hart v. Kelley, 83 Pa. 286. The business of banking is one…
2Cases cited3 opinions
- Edwards v. TracySupreme Court of Pennsylvania · 1870
- Shamburg v. RugglesSupreme Court of Pennsylvania · 1877
- Hart v. KelleySupreme Court of Pennsylvania · 1877
3Cited by4 opinions
- Gibbs's EstateSupreme Court of Pennsylvania · 1893
- Baker v. Bates-Street Shirt Co.Court of Appeals for the First Circuit · 1925
- Bennett v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1917
- Rodgers v. RolandCourt of Appeals of Kentucky (pre-1976) · 1949