Emerick v. Moir
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 395 January Term 1888, Sup. Ct.; court below, No. 16 March Term 1888, C. P. On December 1,1887, a case stated was filed wherein Roscoe K. Moir was plaintiff and George S. Emerick, defendant, in which it was agreed as follows, to wit: That on January 1, 1886, Roscoe K. Moir and George S. Emerick entered into articles of copartnership, under the firm name of George S. Emerick & Co., for the purpose of manufacturing…
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ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 395 January Term 1888, Sup. Ct.; court below, No. 16 March Term 1888, C. P. On December 1,1887, a case stated was filed wherein Roscoe K. Moir was plaintiff and George S. Emerick, defendant, in which it was agreed as follows, to wit: That on January 1, 1886, Roscoe K. Moir and George S. Emerick entered into articles of copartnership, under the firm name of George S. Emerick & Co., for the purpose of manufacturing and selling foundry facings and supplies, at West Manayunk, the copartnership to continue for the full term of five…
1Opinion of the Court
Opinion,
Me. Justice Green :
We see no difficulty in this case. The partnership agreement expressly stipulates that each partner shall receive one half of the profits and sustain one half of the losses of the business. There were no profits to divide, but there was a loss of $5,000 in money. In point of fact Moir has paid the whole of this loss, because he is the only person who contributed any money to the firm, and all the money has been lost. Emerick has paid no part of the loss. He contributed his skill and labor, as he agreed to do, but for this he was entitled to be paid $1,000 per year.…
2Cases cited1 opinion
- Yohe v. BarnetSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Davis v. KendallSupreme Court of Virginia · 1921
- Snively v. MathesonWashington Supreme Court · 1895
- Rosenberger v. KueselSupreme Court of Pennsylvania · 1928
- Erben v. HestonSupreme Court of Pennsylvania · 1902
- Glenn v. Weill (Gleich)Supreme Court of Pennsylvania · 1935
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