Franklin v. Morris
Supreme Court of Pennsylvania
Appeal, No. 62, July. T., 1892, by defendants, Jacob D. Morris et al., partners, from order of C. P. Bradford Co., Feb. T., 1892, No. 898, discharging rule to open judgment. Rule to open judgment. From the record it appeared that on Jan. 25,1892, Julia A. Franklin entered judgment for $750 against Jacob D. Morris and Geo.
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Appeal, No. 62, July. T., 1892, by defendants, Jacob D. Morris et al., partners, from order of C. P. Bradford Co., Feb. T., 1892, No. 898, discharging rule to open judgment. Rule to open judgment. From the record it appeared that on Jan. 25,1892, Julia A. Franklin entered judgment for $750 against Jacob D. Morris and Geo. W. Franklin, copartners, doing business as the Franklin Blue Stone Co., on warrant of attorney signed “ Franklin Blue Stone Co.,” and levied upon their property. Morris filed an affidavit for a rule to strike off judgment, in which he averred: “ That the written portion of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In this case the judgment was confessed by George W. Franklin against himself and Jacob D. Morris, partners doing business as the Franklin Blue Stone Company. Morris had nothing to do with the confession of the judgment and it was done without his knowledge or consent. In the case of Boyd v. Thompson & Coxe, 31 W. N. 473, [153 Pa. 78,] we considered the whole subject involved in the present contention, and decided that the judgment must be vacated as to the partner not consenting, but that it was available against the partner who confessed the judgment and against…
2Cases cited1 opinion
- Boyd v. Thompson & CoxeSupreme Court of Pennsylvania · 1893
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- Keystone Bank of Spangler v. BoothSupreme Court of Pennsylvania · 1939
- Gettier v. FridaySupreme Court of Pennsylvania · 1953
- Burnett v. DippoldSuperior Court of Pennsylvania · 1927
- Cooper v. Frost, Pennsylvania Court of Common Pleas, Fayette County1941
- Farmers Trust Co. v. Egulf, Pennsylvania Court of Common Pleas, Cumberland County1938