Callender & Co. v. Robinson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of October and November Term 1880, No. 820. Replevin by S. N. Callender and P. A. Laffer, trading as Cal-lender & Co., late partners with John E. Denny, under the firm name of John E. Denny, against Thomas Robinson.
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Error to the Court of Common Pleas of Butler county: Of October and November Term 1880, No. 820. Replevin by S. N. Callender and P. A. Laffer, trading as Cal-lender & Co., late partners with John E. Denny, under the firm name of John E. Denny, against Thomas Robinson. S. N. Callender and P. A. Laffer, partners as Callender & Co., engaged in the wholesale drug business in the city of Meadville, Crawford county, Pa., on the 5th of November 1872, entered into an agreement in writing with John E. Denny, under which Denny was to carry on the retail drug business in Oil City, Yenango county, Pa.,…
1Opinion of the Court
The judgment of the Supreme Court was entered November 26th 1880,
2Per curiam
In order to sustain this judgment it is not necessary to establish that the plaintiffs in error were guilty of any specific fraudulent intent at the time they entered into partnership with Denny. While they were in fact in partnership with him under an agreement whereby they were to have one-half of the net profits after deducting necessary expenses, yet the business was to be carried on in the name of Denny alone. They did not file in the office of the prothonotary any statement under the Act of 14th April 1851, Purd. Dig.…
3Cited by4 opinions
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