McKelvy's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of Allegheny county: In Equity: No. 107, of October and November Term 1872. This was a bill in equity filed, April 29th 1867, by Samuel McKelvy against Thomas S. Blair. The bill set out:— 1. On January 1st 1853, the plaintiff, defendant and John C; Blair entered into partnership in the manufacture of steel, to continue seven years.
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Appeal from the District Court of Allegheny county: In Equity: No. 107, of October and November Term 1872. This was a bill in equity filed, April 29th 1867, by Samuel McKelvy against Thomas S. Blair. The bill set out:— 1. On January 1st 1853, the plaintiff, defendant and John C; Blair entered into partnership in the manufacture of steel, to continue seven years. By the articles of partnership each to be an “equal third partner;” the Blairs to attend to the business: J. C. Blair to take charge of the works, and the defendant “ to attend to the commercial and financial department,” the Blairs…
1Opinion of the Court
The opinion of the court was delivered, by
Agetew, J.
— The partnership between Samuel McKelvy and John O. and Thomas S. Blair, began by agreement under seal dated January 1st 1853, and was to continue seven years. The plaintiff, McKelvy, sets forth in the second paragraph of his bill, that on the 17th of May 1854, by reason of pecuniary losses and embarrass-1 ments, the firm of McKelvy & Blairs made a voluntary assignment of all their effects for the benefit of their creditors. No averment is made in the bill that the partnership continued in business after the assignment. A contrary inference…
2Cases cited3 opinions
- SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
- Van Swearingen v. HarrisSupreme Court of Pennsylvania · 1841
- Hay v. KramerSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Ebbert v. Plymouth Oil Co.Supreme Court of Pennsylvania · 1943
- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- Borland's AppealSupreme Court of Pennsylvania · 1912
- In re MalschickDistrict Court, E.D. Pennsylvania · 1914
- Guldin v. LorahSupreme Court of Pennsylvania · 1891
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