Legal Opinion

Edwards v. Tracy

Supreme Court of Pennsylvania

Decided June 3, 1870PublishedCited by 15 opinions

October 18tb 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Qrawford county: No. 44, to October and November Term 1868. This was an action of assumpsit to April Term 1866, brought by William Edwards and others, partners, trading as Edwards, Townsend & Co., against Daniel Tracy, George H. Benton, Ira Beebe, Richard Yandervier and A. B. Thorn, trading as Tracy, Benton & Co. The writ was served on Tracy, Benton and…

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October 18tb 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Qrawford county: No. 44, to October and November Term 1868. This was an action of assumpsit to April Term 1866, brought by William Edwards and others, partners, trading as Edwards, Townsend & Co., against Daniel Tracy, George H. Benton, Ira Beebe, Richard Yandervier and A. B. Thorn, trading as Tracy, Benton & Co. The writ was served on Tracy, Benton and Beebe, but returned “Nihil” as to Vandervier and Thorn. Tracy appeared; Vandervier and Thorn also appeared, and pleaded…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

The defendants were sued in the court below as partners. Daniel Tracy, George H. Benton and Edward B. Beebe were in business under the firm name of Tracy, Benton & Co. The goods of the plaintiffs were sold and delivered to them. Richard Vandervier and A. B. Thorn composed a firm in New York, in the same busines, and the allegation of the plaintiffs was that they were dormant partners of Tracy, Benton & Co. Tracy and Vandervier and Thorn, respectively, appeared by attorney. The other defendants did not appear, nor was any plea put in…

2Cases cited2 opinions

  1. Gratz v. GratzSupreme Court of Pennsylvania · 1834
  2. Johnston v. WardenSupreme Court of Pennsylvania · 1834

3Cited by15 opinions

  1. Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
  2. Gibbs's EstateSupreme Court of Pennsylvania · 1893
  3. Kaufmann v. KaufmannSupreme Court of Pennsylvania · 1908
  4. Walker v. TupperSupreme Court of Pennsylvania · 1892
  5. Dehaven's EstateSupreme Court of Pennsylvania · 1915

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