Whittier v. Gould
Supreme Court of Pennsylvania
ERROR to the common pleas of Erie county. This suit was brought by West W. Gould against Asa Whittier and Daniel S. Balsh, lately doing business under the name of Whittier & Balsh. The writ was served upon Whittier alone, who pleaded non assumpsit and payment with leave, &c. In a deposition taken upon a commission to the state of New Hampshire, a witness testified: “I am acquainted with Dan S. Balsh and Asa Whittier, but do not know any such man as Daniel S. Balsh.
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ERROR to the common pleas of Erie county. This suit was brought by West W. Gould against Asa Whittier and Daniel S. Balsh, lately doing business under the name of Whittier & Balsh. The writ was served upon Whittier alone, who pleaded non assumpsit and payment with leave, &c. In a deposition taken upon a commission to the state of New Hampshire, a witness testified: “I am acquainted with Dan S. Balsh and Asa Whittier, but do not know any such man as Daniel S. Balsh. I am acquainted with the handwriting of Whittier & Balsh, and was acquainted with it during their partnership; the signature to…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The original writ of summons in this case was against Asa Whittier and Daniel S. Balsh, lately doing business under the name and title of Whittier & Balsh, thus showing clearly that the persons, who lately composed the firm or partnership, that did business under the name of “Whittier & Balsh,” were intended to be sued and impleaded by the plaintiff, whether their names individually were Asa Whittier and Daniel S. Balsh, or Asa Whittier and Dan S. Balsh. The cause of action also set out in the declaration, is a note dated the 7th of October…
2Cited by4 opinions
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