Legal Opinion

Lyons v. Lyons

Supreme Court of Pennsylvania

Decided May 6, 1901No. Appeal, No. 293PublishedCited by 3 opinions

Appeal, No. 293, Jan. T., 1900, by defendant, from decree of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 498, dismissing exceptions to adjudication in case of Elizabeth J. Lyons v. J. Harry Lyons and Samuel Simpson. Bill in equity for an account.

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Appeal, No. 293, Jan. T., 1900, by defendant, from decree of C. P. No. 1, Phila. Co., Sept. T., 1899, No. 498, dismissing exceptions to adjudication in case of Elizabeth J. Lyons v. J. Harry Lyons and Samuel Simpson. Bill in equity for an account. Bbegy, J., filed the following opinion: I find the facts to be : 1. At the time of the failure of the Keen-Sutterle Company, a corporation of the state of New York, in January, 1896, the defendant J. Harry Lyons was its secretary and principal clerk, largely assisting in the management of its business and familiar therewith and with its customers.…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The learned judge below found the fact of a partnership between plaintiff and the defendant Simpson under the name of Samuel Simpson & Company. There was testimony on which such finding was based, and we have not been convinced that we should reverse it. But it was a finding of a partnership as between the parties, and it by no means follows that a partnership was established as against creditors. The complainant’s son, J. Harry Lyons was burdened with debts from previous business operations which prevented his engaging in *306business in bis own name. The…

2Cited by3 opinions

  1. Lyons v. Importers' & Traders' National BankSupreme Court of Pennsylvania · 1906
  2. Lyons v. LyonsSupreme Court of Pennsylvania · 1903
  3. Lyons v. LyonsSupreme Court of Pennsylvania · 1903

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