Erben v. Heston
Supreme Court of Pennsylvania
Appeal, No. 328, Jan. T., 1901, by defendant, from decree of C. P. No. 2, Phila. Co., June T., 1894, No. 545, on bill in equity in case of Louis D. Erben v. Henry B. Heston. Bill in equity by one partner against another for contribution.
Read the full summary
Appeal, No. 328, Jan. T., 1901, by defendant, from decree of C. P. No. 2, Phila. Co., June T., 1894, No. 545, on bill in equity in case of Louis D. Erben v. Henry B. Heston. Bill in equity by one partner against another for contribution. The referee, Henry P. Brown, Esq., found the facts as follows : Prior to December 1, 1887, the plaintiff, Louis D. Erben, and defendant, Henry B. Heston, were engaged in carryingon the wool business in the city of Philadelphia, under the firm name of H. B. Heston & Company, in which firm Peter C. Erben, the father of the plaintiff, was the special partner.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Appellant and appellee were partners and though their contributions to the capital were very unequal, they agreed as found by the referee that “ all expenses of said business, and all losses and damages were to be sustained, paid and borne by and out of the gains and profits arising from said business; and in case the profits should become deficient, then by the said parties in equal portions; and all net gains and profits were to be divided equally between them.” Becoming insolvent the firm made an assignment for creditors, and plaintiff in addition, made an…
2Cases cited2 opinions
- Emerick v. MoirSupreme Court of Pennsylvania · 1889
- Bunting v. BuntingSupreme Court of Pennsylvania · 1901
3Cited by3 opinions
- Rosenberger v. KueselSupreme Court of Pennsylvania · 1928
- Glenn v. Weill (Gleich)Supreme Court of Pennsylvania · 1935
- Barclay v. StrongConnecticut Superior Court · 1942