Legal Opinion

Wainwright v. Marine National Bank

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 5PublishedCited by 2 opinions

Appeal, No. 5, April T., 1919, by defendant, from judgment of C. P. Allegheny Co., April T., 1917, No. 920, on verdict for plaintiff in case of Samuel J. Wainwright, Jr., Surviving and Liquidating Partner of the Firm of Charles P. Walker and S. J. Wainwright, Jr., Partners, formerly doing business as Walker & Wainwright, v. The Marine National Bank, a Corporation. Assumpsit for interest due on bank deposit.

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Appeal, No. 5, April T., 1919, by defendant, from judgment of C. P. Allegheny Co., April T., 1917, No. 920, on verdict for plaintiff in case of Samuel J. Wainwright, Jr., Surviving and Liquidating Partner of the Firm of Charles P. Walker and S. J. Wainwright, Jr., Partners, formerly doing business as Walker & Wainwright, v. The Marine National Bank, a Corporation. Assumpsit for interest due on bank deposit. Before Cohen, J. From the record it appeared that Samuel J. Wainwright, Jr., claiming to be the surviving and liquidating partner of the former firm of Walker & Wainwright, brought an…

1Opinion of the Court

Opinion by

Henderson, J.,

It was shown by the plaintiff that the fund deposited in the defendant bank was a partnership fund. This appeared from the form of the deposit and the oral testimony introduced. There was no evidence to the contrary. By the death of Charles P. Walker, one of the partners, the right and duty to take possession of the partnership property and settle the business of the firm was cast on the surviving partner. He became the agent of the firm for that purpose, and the title to the assets vested in him. The administrator of Walker was not authorized to withdraw any part of…

2Cases cited2 opinions

  1. West Republic Mining Co. v. Jones & LaughlinsSupreme Court of Pennsylvania · 1885
  2. Shipe's AppealSupreme Court of Pennsylvania · 1886

3Cited by2 opinions

  1. J. Purdy Cope Hotels Co. v. Fidelity-Phenix Fire InsuranceSuperior Court of Pennsylvania · 1937
  2. Gloeckler v. ImrieSuperior Court of Pennsylvania · 1935

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