Caldwell v. Miller
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE NORTHUMBERLAND COUNTY. No. 275 January Term 1889, Sup. Ct.; court below, No. 320 May Term 1884, C. P. On March 29, 1884, Samuel Caldwell filed an appeal from the judgment of a justice of the peace against him, in favor of Charles Miller. The action had been brought against George Keiffer and Samuel Caldwell, trading as Keiffer & Co., but Caldwell alone was served. In the Common Pleas the plaintiff declared against Caldwell alone. Issue.
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ERROR TO THE COURT OE COMMON PLEAS OE NORTHUMBERLAND COUNTY. No. 275 January Term 1889, Sup. Ct.; court below, No. 320 May Term 1884, C. P. On March 29, 1884, Samuel Caldwell filed an appeal from the judgment of a justice of the peace against him, in favor of Charles Miller. The action had been brought against George Keiffer and Samuel Caldwell, trading as Keiffer & Co., but Caldwell alone was served. In the Common Pleas the plaintiff declared against Caldwell alone. Issue. At the trial on December 17,1888, when the plaintiff offered proof that on July 18, 1882, he had sold and shipped…
1Opinion of the Court
Per Curiam :
This record presents the single question whether the agree*446ment between Samuel Caldwell and George Keiffer, dated January 1, 1880, constituted them partners as to third persons. It was not contended that it created a partnership inter sese. As the agreement was in writing its construction was for the court. By the terms of the contract the profits were to be divided between them, “ share and share alike.” It would be an affectation of industry to review the cases upon this subject. That was done carefully and exhaustively by Justice Sharswood in Edwards v. Tracy, 62 Pa. 374, where…
2Cases cited1 opinion
- Edwards v. TracySupreme Court of Pennsylvania · 1870
3Cited by1 opinion
- G. Wessels & Co. v. E. Weiss & Co.Supreme Court of Pennsylvania · 1895