Kerper v. Wood
Ohio Supreme Court
Error to the Circuit Court of Hamilton county. The suit below was upon an account against the member of a dissolved firm. Service was obtained upon one of them, the plaintiff in error, Kerper; no service was had upon the other, he being a non-resident. The answer, for one of its defenses, relied on the statute of limitations.
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Error to the Circuit Court of Hamilton county. The suit below was upon an account against the member of a dissolved firm. Service was obtained upon one of them, the plaintiff in error, Kerper; no service was had upon the other, he being a non-resident. The answer, for one of its defenses, relied on the statute of limitations. The plaintiff in reply, averred payments made after' the dissolution by Parker, as liquidating partner under the laws of Pennsylvania ; also, the execution of a promise in writing to pay the same, and that the payments and promise were within six years of filing the…
1Opinion of the CourtMinshall, J.
James H. Parker and George B. Kerper, as partners under the firm name of Parker & Kerper, carried on the business of a tannery in the state of Pennsylvania, from some time in 1870 to July 1, 1875, at which time the partnership was dissolved. At the time of the dissolution the firm was indebted to John S. Wood in the sum of several" thousand dollars upon an account. On May 8, 1876, notice of the dissolution was given Wood by Parker, and that he “ was settling up the concern.” On March 20, 1882, the plaintiff, Wood, commenced an action in the Court of Common Pleas of Hamilton county, upon the…
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