Taylor v. Richman

Opinion by

Mr. Justice Bell,

Plaintiff brought an action of assumpsit against defendant, one of his former partners, for his contribution to an alleged partnership debt, which plaintiff paid. The Court below sustained defendant’s, preliminary objections and dismissed the .complaint, without prejudice to plaintiff’s right to file a complaint in equity for this claim.

The question involved is not whether defendant has a just defense to the facts averred in plaintiff’s complaint, or whether plaintiff has a valid claim in equity, but whether the facts which plaintiff avers, assuming they are true,…