McCleery v. Thompson
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO 2 OF ALLEGHENY COUNTY. No 169 October Term 1889, Sup. Ct.; court below, No. 221 July Term 1889, C. P. No. 2. ■On June 15, 1889, upon a note under seal dated June 1, 1889, for $152.57, at one day after. date, to the order of Mc-Cleery, Mjmrs, Sedden & Co., with warrant of attorney to enter judgment, and purporting to be executed by “ Thompson & Brown,” a judgment was confessed in favor of the obligees for the amount…
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APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO 2 OF ALLEGHENY COUNTY. No 169 October Term 1889, Sup. Ct.; court below, No. 221 July Term 1889, C. P. No. 2. ■On June 15, 1889, upon a note under seal dated June 1, 1889, for $152.57, at one day after. date, to the order of Mc-Cleery, Mjmrs, Sedden & Co., with warrant of attorney to enter judgment, and purporting to be executed by “ Thompson & Brown,” a judgment was confessed in favor of the obligees for the amount thereof against “’A. H. Thompson and .George C. Brown, late partners as Thompson & Brown.” On June 20, 1889, George C. Brown…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
It has long been settled that a judgment confessed by one partner in the firm name, even for a partnership debt, is void against the non-assenting partners, and will be struck off by the court on motion. It is equally settled, however, that the judgment is good against the partner confessing it, and that the partnership goods may be sold under an execution on such judgment for a firm debt: Gerard v. Basse, 1 Dall. 119; Grier *446v. Hood, 25 Pa. 430; York Bank’s App., 36 Pa. 458; Taylor v. Henderson, 17 S. & R. 456; Harper v. Fox, 7 W. & S. 142; Ross v. Howell, 84 Pa.…
2Cases cited5 opinions
- York Bank's AppealSupreme Court of Pennsylvania · 1860
- Gerard v. BasseSupreme Court of the United States · 1784
- Harper v. FoxSupreme Court of Pennsylvania · 1844
- Grier & Co. v. HoodSupreme Court of Pennsylvania · 1855
- Ross v. HowellSupreme Court of Pennsylvania · 1877
3Cited by6 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Boyd v. Thompson & CoxeSupreme Court of Pennsylvania · 1893
- Funk v. YoungSupreme Court of Pennsylvania · 1913
- Evans v. WattsSupreme Court of Pennsylvania · 1899
- VanScoten v. Botsford & KunesSuperior Court of Pennsylvania · 1929
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