Elm City Lumber Co. v. Haupt
Superior Court of Pennsylvania
Appeal, No. 87, Oet. T., 1911, by defendants, from judgment of C. P. Schuylkill Co., Sept. T., 1909, No. 279, on verdict for plaintiff in case of The Elm City Lumber Company v. David E. Haupt et ah, doing business under the firm name of D. F. Haupt. Before Rice, P. J., Henderson, Morrison, Head, Beaver and Porter, JJ. Assumpsit upon a book account.
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Appeal, No. 87, Oet. T., 1911, by defendants, from judgment of C. P. Schuylkill Co., Sept. T., 1909, No. 279, on verdict for plaintiff in case of The Elm City Lumber Company v. David E. Haupt et ah, doing business under the firm name of D. F. Haupt. Before Rice, P. J., Henderson, Morrison, Head, Beaver and Porter, JJ. Assumpsit upon a book account. Before Brumm, J. From the record it appeared that the action was brought against David F. Haupt, Samuel C. Haupt and Salinda Haupt, “doing business under the firm name of D. F. Haupt.” The defendants filed an affidavit denying the partnership, but…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action against the defendants, as a partnership, “doing business under the firm name of D. F. Haupt.” The action being against the partnership, the necessity for the production of evidence by the plaintiff tending to establish the existence of that partnership was to be determined under the lawfully adopted rules of the court below regulating trials of issues of fact, among which is: “Rule 7: That in actions by or against corporations or partnerships it shall not be necessary for the plaintiff to prove the partnership or incorporation, but the…
2Cases cited3 opinions
- Higgins Carpet Co. v. LatimerSupreme Court of Pennsylvania · 1895
- American Structural Steel Co. v. Annex Hotel Co.Supreme Court of Pennsylvania · 1910
- Carl Barckhoff Church Organ Co. v. EckerSupreme Court of Pennsylvania · 1898
3Cited by6 opinions
- Frank Spangler Co. v. HauptSuperior Court of Pennsylvania · 1913
- Wharen Et Ux. v. Funk Et Ux.Superior Court of Pennsylvania · 1943
- Feagles v. Sullivan, Pennsylvania Court of Common Pleas, Philadelphia County1938
- Bradley v. Cool, Pennsylvania Court of Common Pleas, Philadelphia County1932
- In re Road in Hampton TownshipSuperior Court of Pennsylvania · 1919
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