Bullitt & Fairthorne v. Chartered Fund of the Methodist Episcopal Church
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. This was an action of assumpsit by “The Chartered Fund of the Methodist Episcopal Church,” an incorporated company, against Bullitt & Fairthorne. The facts will be found stated in the opinion of the court.
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Error to tbe District Court of Philadelphia. This was an action of assumpsit by “The Chartered Fund of the Methodist Episcopal Church,” an incorporated company, against Bullitt & Fairthorne. The facts will be found stated in the opinion of the court. A recovery was resisted by the defendants, on the grounds that the plaintiffs could not maintain this action in their own names; and that the assignment of this claim, by Boswell to the plaintiffs, was void under the 20th and 21st sections of the Act of 21st March, 1836, relative to limited partnerships: Purd. Pig. 544, pi. 20, 21. The judge…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
James J. Boswell was in partnership with Munson H. Treadwell. The firm was dissolved in 1850. Treadwell transferring to Boswell all his interest in the partnership effects, and Boswell agreeing to pay all the debts. In 1851 Boswell formed a limited partnership with two other persons, he being the general partner. On the 29th of January, 1853, he assigned to the “Chartered Fund” certain claims against debtors of the firm composed of himself and Treadwell, which was then in the hands of the defendants for collection. The object of this…
2Cases cited1 opinion
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Strawn v. IamsSupreme Court of Pennsylvania · 1915
- Closser v. StrawnDistrict Court, W.D. Pennsylvania · 1915
- Crawford County v. Merchants' Nat. BankSupreme Court of Pennsylvania · 1894
- Fidelity-Philadelphia Trust Co. v. Philadelphia-Girard Nat. BankCourt of Appeals for the Third Circuit · 1929