Ross v. Howell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county: Of January Term 1876, No. 122. John Q. Humphrey and Robert Bruce Ross are partners in the lumbering business. Humphrey gave W. S. Howell a note with confession of judgment, for a partnership debt, and signed the note with the firm name, Humphrey & Ross. Judgment was entered upon the note against both Humphrey & Ross, upon which an execution was issued and levied upon the partnership property of the firm.
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Error to the Court of Common Pleas of Susquehanna county: Of January Term 1876, No. 122. John Q. Humphrey and Robert Bruce Ross are partners in the lumbering business. Humphrey gave W. S. Howell a note with confession of judgment, for a partnership debt, and signed the note with the firm name, Humphrey & Ross. Judgment was entered upon the note against both Humphrey & Ross, upon which an execution was issued and levied upon the partnership property of the firm. Ross came in with an affidavit denying that he executed said note, or authorized Humphrey to sign the firm name to the warrant to…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
The precise question raised by the scire facias and demurrer in this case, is on the right of Howell, the creditor, to sell the interest of R. B. Ross as a partner in the partnership effects levied upon the fi. fa., under a judgment against Humphrey, the other partner, confessed for a debt of the firm. This being the only question raised by the demurrer, the court below was right.in giving judgment for the defendant, Howell, in the audita querela.
Judgment affirmed.
3Cited by8 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Boyd v. Thompson & CoxeSupreme Court of Pennsylvania · 1893
- Walsh v. KirbySupreme Court of Pennsylvania · 1910
- Freiler v. KearSupreme Court of Pennsylvania · 1889
- McCleery v. ThompsonSupreme Court of Pennsylvania · 1889
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