Hill v. Voorhies
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit brought by Ralph P. Voorhies, William R. Miller, and William R. Hopkins, partners, trading under the firm of Voorhies, Miller & Co., against William A. Hill, Robert M. Hunter, and John McDonald Blackstock, as owners of the steamboat Lydia Collins. The writ was returned H. H. I. as to Hunter; and Blackstock having died before trial, the jury was sworn as to Hill only.
Read the full summary
Error to the District Court of Allegheny county. This was an action of assumpsit brought by Ralph P. Voorhies, William R. Miller, and William R. Hopkins, partners, trading under the firm of Voorhies, Miller & Co., against William A. Hill, Robert M. Hunter, and John McDonald Blackstock, as owners of the steamboat Lydia Collins. The writ was returned H. H. I. as to Hunter; and Blackstock having died before trial, the jury was sworn as to Hill only. The plaintiffs declared in indebitatus assumpsit upon the general counts for moneys paid, laid out, and expended,; &c.; and in answer to a rule…
1Opinion of the Court
The opinion of the Court was delivered, October 12, by
Lewis, J.
One partner has an implied authority to bind the firm by contracts relating to the partnership business, whether such contracts be evidenced by bare agreements, oral or written, or by negotiable instruments, as bills of exchange or promissory notes. This rule is applicable both to dormant and nominal partners. It is now an undoubted and universal proposition, that a dormant partner is in all cases liable for the contracts of the firm during the time that he is actually a partner: 1 Doug. 371; 1 H. Bl. 37; 3 Price 538; 5 Mason 176;…
2Cases cited4 opinions
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Green v. GravesMichigan Supreme Court · 1844
- United States Bank v. BinneyU.S. Circuit Court for the District of Massachusetts · 1828
- Graeff v. HitchmanSupreme Court of Pennsylvania · 1836
3Cited by4 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Bishoff v. FehlSupreme Court of Pennsylvania · 1942
- Morrison v. CurrySuperior Court of Pennsylvania · 1910
- Johnson v. WellerSuperior Court of Pennsylvania · 1913