Houser v. Irvine
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Centre county. Daniel Houser and Frederick Sherk, executors of Jacob Houser, deceased, against John Irvine, who survived Franklin B. Smith, partners trading in the name of Smith & Irvine.
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ERROR to the Common Pleas of Centre county. Daniel Houser and Frederick Sherk, executors of Jacob Houser, deceased, against John Irvine, who survived Franklin B. Smith, partners trading in the name of Smith & Irvine. Smith and Irvine were partners in trade until the 13th of February 1832, and previous to that time were indebted to the plaintiffs’ testator by simple contract in the sum of $1129.32. On the , 11th of May 1832, after the dissolution of the partnership, Franklin B. Smith, one of the partners, settled the account, and gave a note of the firm to the present plaintiffs for the amount…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Smith and Irvine dissolved their partnership in February 1832; Smith taking the stock on hand, and becoming the liquidating partner. In the following May, Smith and Houser settled the account between the partnership and the latter, consisting of three promissory notes drawn by the firm on the one hand, and a book account of goods sold by it on the other; and Smith gave a promissory note in the name of the firm for the balance. This suit is brought for the debt thus consolidated, and the plaintiff has counted, not only on the note given to…
2Cases cited2 opinions
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