Legal Opinion

Morse v. Chase & Co.

Supreme Court of Pennsylvania

Decided September 15, 1835PublishedCited by 6 opinions

ERROR to Warren county. This was an action of assumpsit in the name of Joseph L. Chase & Co. against John G~. Morse. Plea non assumpsit.

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ERROR to Warren county. This was an action of assumpsit in the name of Joseph L. Chase & Co. against John G~. Morse. Plea non assumpsit. The jury found a special verdict for the plaintiff for 106 dollars, and that Thomas H. Sill was a partner in the firm of Joseph L. Chase & Co. at the time of the contract mentioned in the plaintiff’s declaration. . The defendant objected to the rendering of judgment on the verdict, but the court below (Shippen, president) overruled the objection, and rendered judgment on the verdict.

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

—The three errors assigned are in substance the same, and amount to this, that Sill was a partner of the plaintiff at the time of the contract, and ought to have been joined in the suit. There can be no doubt that if Sill was ah acting partner of Chase at *458that time, the objection could be taken advantage of on the general issue of non assumpsit, which goes to the whole title set out by the plaintiff in his narr. The defendant is not obliged to plead in abatement the non joinder of a partner who ought to have been a co-plaintiff ; but it…

2Cases cited2 opinions

  1. Porter v. CressonSupreme Court of Pennsylvania · 1823
  2. Wilson v. WallaceSupreme Court of Pennsylvania · 1822

3Cited by6 opinions

  1. Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
  2. Shermet v. EmbickSuperior Court of Pennsylvania · 1926
  3. Seitz & Co. v. Buffum & Co.Supreme Court of Pennsylvania · 1850
  4. Bird v. FakeWisconsin Supreme Court · 1843
  5. Spectrum Colour Studios v. Woolaghan, Pennsylvania Court of Common Pleas, Alleghany County1973

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