Andrews v. Schott
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. JPeb. 1, 2. There were four cases argued together, and involving the same principles, with one exception, which will be noticed. Three of them were actions on notes drawn in 1846, by Henry W. Andrews & Co. in favour of plaintiffs, and one on an endorsement of a note by the same firm.
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In error from the District Court of Philadelphia. JPeb. 1, 2. There were four cases argued together, and involving the same principles, with one exception, which will be noticed. Three of them were actions on notes drawn in 1846, by Henry W. Andrews & Co. in favour of plaintiffs, and one on an endorsement of a note by the same firm. The affidavit of defence by Harris set forth that the notes were drawn and endorsed without his knowledge or privity — that the firm was a limited partnership, under the act of 1836, in which he was a special partner, and had complied with, all the terms and…
1Opinion of the CourtRogers, J.
The questions in this case arise under the act of the 21st March, 1886, entitled “An act relative to limited partnerships.” The suit is assumpsit on a promissory note at four months, drawn by Henry W. Andrews & Co. to their own order, and by them endorsed, and is brought against Henry W. Andrews, John L. Wilson, and Joseph C. Harris, trading under the firm of H. W. Andrews & Co.
The defence, as disclosed by the affidavit, is, that Harris, one of the defendants, is a special partner. On this point the plaintiff takes issue, alleging that Harris is a general partner, because the firm expressly…
2Cases cited2 opinions
- Argall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1846
- New-York Insurance v. RouletCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by3 opinions
- Blumenthal Bros. & Co. v. WhitakerSupreme Court of Pennsylvania · 1895
- Fourth Street National Bank v. WhitakerSupreme Court of Pennsylvania · 1895
- Tilge v. BrooksSupreme Court of Pennsylvania · 1889