Lindsey v. Stranahan
Supreme Court of Pennsylvania
APPEAR BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY, IN EQUITY. No. 93 October Term 1889, Sup. Ct.; court below, No. 2 September Term 1887, 0. P. in Equity.
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APPEAR BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY, IN EQUITY. No. 93 October Term 1889, Sup. Ct.; court below, No. 2 September Term 1887, 0. P. in Equity. On March 13,1885, an amicable submission in account render, wherein J. K. Lindsey was plaintiff, and James A. Stranahan was defendant, was executed for the settlement of a partnership business carried on by the parties under the name of J. K. Lindsey & Co. By the submission it was agreed that it should have the force and effect of a bill in equity filed by the plaintiff for the dissolution of the partnership and the…
1Opinion of the Court
Pee Curiam:
There is but a single question in this case: Is J. K. Lindsey, the plaintiff, entitled to compensation for his services as a partner ?
It is conceded that there was no express contract that he should be paid for such services, and there is no principle better settled than that the law will not imply a contract in such cases. The reason is that the partner is but attending to his own affairs. This rule is inexorable; as much so as that between parent and child. Were it otherwise, we might have a contest between the partners upon the settlement of every partnership account, as to the…
2Cases cited4 opinions
- Brown's AppealSupreme Court of Pennsylvania · 1879
- Gyger's AppealSupreme Court of Pennsylvania · 1869
- Beatty v. WraySupreme Court of Pennsylvania · 1853
- Brown v. McFarland'sSupreme Court of Pennsylvania · 1861
3Cited by4 opinions
- Rosenfeld v. RosenfeldSupreme Court of Pennsylvania · 1957
- Curtis v. MankusSupreme Court of Pennsylvania · 1929
- Delp v. EdlisSupreme Court of Pennsylvania · 1899
- Murphy v. MarvelSuperior Court of Pennsylvania · 1912