Rheem v. Snodgrass
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county. On the 18th day of December, 1855, Benjamin Snodgrass and others, defendants in error, commenced proceedings in equity against the plaintiff in error, in the Court of Common Pleas of Cumberland.county, to charge him as a partner in the firm of Benjamin Snodgrass & Co., to which respondent answered, denying the partnership.
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Error to the Court of Common Pleas of Cumberland county. On the 18th day of December, 1855, Benjamin Snodgrass and others, defendants in error, commenced proceedings in equity against the plaintiff in error, in the Court of Common Pleas of Cumberland.county, to charge him as a partner in the firm of Benjamin Snodgrass & Co., to which respondent answered, denying the partnership. On the same day this suit was commenced, in the same court, by the said Snodgrass & Co., for goods sold to said Rheem. On the trial, the court, inter alia, admitted the book of original entries of the firm, under…
1Opinion of the Court
The opinion of the court was delivered January 26,1858, by
Porter, J.
— This action appears to have been properly brought, and, with one exception, rightly tried. It was an awkward state of facts to provide a remedy for; but the plaintiff adopted the proper course, by joining those only who had a legal interest in the result. The 'contemporaneous equity proceeding was out of place. No man can be charged in equity as a partner, and sued at law as a debtor of the firm, for his adversary cannot place him in these incompatible legal attitudes. But the creditor cannot thus, even by his own blunder,…
2Cited by2 opinions
- Corr v. SellersSupreme Court of Pennsylvania · 1882
- Spector v. Walcot Manufacturing Co., Pennsylvania Court of Common Pleas, Philadelphia County1928