Legal Opinion

Bernard & Leas Manuf'g Co. v. Packard & Calvin, Ltd.

Court of Appeals for the Third Circuit

Decided October 30, 1894No. 22PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the Western District of Pennsylvania. This was an action by the Bernard & Leas Manufacturing Company against Packard & Calvin. Limited, in which it was sought to charge the defendants as general partners.

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In Error to the Circuit Court of the United States for the Western District of Pennsylvania. This was an action by the Bernard & Leas Manufacturing Company against Packard & Calvin. Limited, in which it was sought to charge the defendants as general partners. The defendant was, a limited partnership association formed under the act of the legislature of Pennsylvania of June 2, 1874 (P. L. 271), which x>rovides for a limitation of the liability of such association to the amount of capital contributed by the members. Section 1 provides that “when any three or more persons may desire to form a…

1Opinion of the Court

DALLAS, Circuit Judge.

The bill of exceptions set forth that:

“Upon the trial the evidence on the part of the plaintiff; showed, as the basis of his suit, a written contract for the construction of a mill, at a cost exceeding five hundred dollars,1 made by plaintiff with ‘Packard & Calvin, Ltd.’; a company claiming to have been organized under the limited partnership act of Pennsylvania, approved June 2, 1874, and its supplements. The plaintiff’s evidence further showed that M. L. Packard was the wife of W. It. Packard, and that Tabitha L. Calvin was the wife of William J. Calvin, and that…

2Cases cited1 opinion

  1. Steffen v. SmithSupreme Court of Pennsylvania · 1893

3Cited by4 opinions

  1. Berkowitz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939
  2. Jones v. JonesMississippi Supreme Court · 1911
  3. Kelley v. CommissionerUnited States Board of Tax Appeals · 1927
  4. Dickinson v. Matheson Motor Car Co.District Court, M.D. Pennsylvania · 1908

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