Gunnison v. Erie Dime Savings & Loan Co.
Supreme Court of Pennsylvania
Appeal, No. 181, Jan. T., 1893, by-defendant, from judgment of C. P. Erie Co., Sept. T., 1888, No. 249, on verdict for plaintiff, Frank Gunnison, assignee of Hayes & Kepler. Amicable action in assumpsit to determine ownership of fund produced by assignee’s sale of real estate. Before Noyes, P. J., of the 37th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 181, Jan. T., 1893, by-defendant, from judgment of C. P. Erie Co., Sept. T., 1888, No. 249, on verdict for plaintiff, Frank Gunnison, assignee of Hayes & Kepler. Amicable action in assumpsit to determine ownership of fund produced by assignee’s sale of real estate. Before Noyes, P. J., of the 37th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. Binding instructions for defendant were refused. [7] Error assigned was (7) instructions, quoting them. Where partners intend to bring real estate into the partnership stock, the intention must…
1Opinion of the Court
Opinion by
Me. Justice Dean,
William P. Hayes and S. P. Kepler, under the partnership name of Hayes & Kepler, were real estate brokers in the city of Erie. In conducting their business, they found it necessary to take title to lots and lands to themselves. For convenience in transfer, the. deeds were sometimes made to one or other member of the partnership as grantee of the whole estate, neither the partnership interest, nor any interest of the other partner, being disclosed by the deed.
On the 17th of April, 1872, W. L. Scott and wife conveyed to Kepler individually two pieces of land or lots…
2Cases cited15 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Hale v. HenrieSupreme Court of Pennsylvania · 1834
- Ridgway, Budd & Co.'s AppealSupreme Court of Pennsylvania · 1850
- Appeal of HoltSupreme Court of Pennsylvania · 1881
- Warriner v. Mitchell, Pennsylvania Court of Common Pleas, Bradford County1889
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3Cited by3 opinions
- Cundey v. HallSupreme Court of Pennsylvania · 1904
- Rosenberger v. KueselSupreme Court of Pennsylvania · 1928
- Smith v. BrownSupreme Court of Pennsylvania · 1928