Lang v. Keppele
Supreme Court of Pennsylvania
THIS was an action of assurnpsit to recove~r a partnership debt due by the house of Keppele and Zantzinger, the defendant being executrix of the former, and the latter being still alive but a certificated bankrupt before the action was brought. The declaration contained a recital of the partnership, and an averment of the bankruptcy of Zantzinger since Keppele'~ death. The pleas were non assumpsit, plene administravit, and debts of a higher nature.
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THIS was an action of assurnpsit to recove~r a partnership debt due by the house of Keppele and Zantzinger, the defendant being executrix of the former, and the latter being still alive but a certificated bankrupt before the action was brought. The declaration contained a recital of the partnership, and an averment of the bankruptcy of Zantzinger since Keppele'~ death. The pleas were non assumpsit, plene administravit, and debts of a higher nature. At the trial before SHxPPE~ C. J. and SMITH J. at Nisi Prius in Augwst 1804, a verdict was taken fox the plaintiffs, subject to the opinion of the…
1Opinion of the Court
Smith J.
The reasons assigned in support of this action I have all along thought of much force; but I at first doubted *125whether sitting as a court of law we could give relief to the plaintiffs. I now think however that we are not controlled by the technical objection. The equity of the case is clearly with the plaintiffs, for the contract entered into with partners is alwaysyomi and several, each partner is liable to pay the whole, and contribution lies entirely among themselves. The partner who survives is in this case a certificated bankrupt, who can no longer be pursued; the partner who is…
2Cited by11 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
- Kennedy v. CarpenterSupreme Court of Pennsylvania · 1837
- Huber v. BurkeSupreme Court of Pennsylvania · 1824
- Reed v. Garvins's executorsSupreme Court of Pennsylvania · 1821
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