Mosgrove v. Golden
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: Of July Term 1882, No. 170. Amicable action, wherein E. S. Golden was plaintiff, and James Mosgrove and William Pollock, administrators of J. E. Brown, deceased, were defendants.
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Error to the Court of Common Pleas of Armstrong county: Of July Term 1882, No. 170. Amicable action, wherein E. S. Golden was plaintiff, and James Mosgrove and William Pollock, administrators of J. E. Brown, deceased, were defendants. There were no pleadings in the case, other than the agreement for the amicable action, which was as follows: “ It is hereby agreed that the Prothonotary of the said court shall enter the above suit upon his docket and that from the time of such entry the said action or suit shall be deemed to be depending in like manner as if the said defendants had appeared to…
1Opinion of the CourtJustice Trunkey
One of the members of a partnership to whom the others have transferred their interests in the partnership property and claims, cannot sue and recover a debt which was owing to the firm, in his own name: Horbach v. Huey, 4 Watts 455. Therefore, when a person brings suit for the value of his services rendered to the defendant, he cannot join and recover in such suit, a debt owing to a partnership of which he was a member for similar services, although the debt was transferred to him before commencement of the suit.
In this action, E. S. Golden is plaintiff, and the only statement of his claim…
2Cases cited2 opinions
- Foster v. JackSupreme Court of Pennsylvania · 1835
- Horbach v. HueySupreme Court of Pennsylvania · 1835
3Cited by7 opinions
- In Re Est. of A. Koonce, BallietSuperior Court of Pennsylvania · 1932
- Rabben v. SteinbergSuperior Court of Pennsylvania · 1958
- Pulling v. YeagerSupreme Court of Pennsylvania · 1930
- Warren v. Glasgow Exploration Co.Nevada Supreme Court · 1916
- Johnston v. McCain, Pennsylvania Court of Common Pleas, Armstrong County1891
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