Cronkrite v. Trexler
Supreme Court of Pennsylvania
Appeal, No. 40, Jan. T., 1898, by defendants, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1893, No. 634, on verdict for plaintiff. Assumpsit against an unincorporated land association for moneys expended and services rendered.
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Appeal, No. 40, Jan. T., 1898, by defendants, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1893, No. 634, on verdict for plaintiff. Assumpsit against an unincorporated land association for moneys expended and services rendered. Before Beitler, J. At the trial the court admitted under objection and exception portions of plaintiff’s deposition as follows: “ Q. Are you the legal plaintiff in this case? If so state how the indebtedness of defendant to you was incurred, A. I am the legal plaintiff in this case. The indebtedness of the defend ants to me was incurred under and through their…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The rule of court which at the trial was held to relieve the plaintiff from proof of the partnership of the defendants, provides that in actions by or against partners, the partnership *107shall be taken to be admitted as alleged on the record, unless one of the defendants, before pleading, shall file an affidavit denying the existence of the partnership in relation to the subject-matter of the action. It was not error to hold that the rule applied to this case. The defendants were associated for the purpose of buying and selling land. They were sued as “ trading as the…
2Cases cited6 opinions
- Rothrock v. GallaherSupreme Court of Pennsylvania · 1879
- Kreiter v. BombergerSupreme Court of Pennsylvania · 1876
- Thomson's EstateSupreme Court of Pennsylvania · 1893
- Walden v. FinchSupreme Court of Pennsylvania · 1872
- Brubaker's Administrator v. TaylorSupreme Court of Pennsylvania · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- General Equipment Manufacturers v. Westfield InsuranceSuperior Court of Pennsylvania · 1993
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Kimble v. WilsonSupreme Court of Pennsylvania · 1945
- Baldi v. Metropolitan InsuranceSuperior Court of Pennsylvania · 1902
- Commonwealth v. DilsworthSupreme Court of Pennsylvania · 1927
8 more not listed; retrieve them via the Exa API.