Wright v. Smyth
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia, where a verdict and judgment were rendered for the plaintiff, Bartholomew Smyth, against Samuel Wright. The plaintiff declared against Wright as the guarantor of a contract made between George W. Delaway and the plaintiff. On the 8th of February 1833, Smyth & Delaway, by writing under seal,' agreed to enter into partnership for conducting the business of a marble yard under the firm of Delaway & Smyth.
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ERROR to the District Court for the city and county of Philadelphia, where a verdict and judgment were rendered for the plaintiff, Bartholomew Smyth, against Samuel Wright. The plaintiff declared against Wright as the guarantor of a contract made between George W. Delaway and the plaintiff. On the 8th of February 1833, Smyth & Delaway, by writing under seal,' agreed to enter into partnership for conducting the business of a marble yard under the firm of Delaway & Smyth. By the first article, Smyth was to advance $1000 as the first capital, the knowledge of business possessed by Delaway over…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— The argument of the plaintiff in error, reduced to its essence, amounts to this, that Delaway was not liable for the partnership estate’s not appearing to be solvent, as he had covenanted it should, unless the plaintiff had forthwith settled or paid off the debts of the firm agreebly to the covenant on his part. But the argument seems to be without foundation. The two subjects are in their nature distinct and unconnected, and each may be performed independently of the other, and without reference to it. The payment of the debts cannot go…
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- S. G. Purvis & Co. v. Assigned Estate of BrumbaughSuperior Court of Pennsylvania · 1898
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