Overton v. Tozer
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. This was an amicable action entered in debt for the recovery of the amount of defendants’ bid ata sheriff’s sale of lands, and it was agreed thatthecourtshould give their opinion upon the following case stated, and that judgment be entered for the plaintiff or defendant as the court might direct, subject to a writ of error by either party the same as if judgment had been entered on the verdict of a jury.
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ERROR to the common pleas of Bradford county. This was an amicable action entered in debt for the recovery of the amount of defendants’ bid ata sheriff’s sale of lands, and it was agreed thatthecourtshould give their opinion upon the following case stated, and that judgment be entered for the plaintiff or defendant as the court might direct, subject to a writ of error by either party the same as if judgment had been entered on the verdict of a jury. Sometime in the year 1833, Thomas C. Smart, Jun., Joseph S. Fowler and Benjamin Marshall, Jun. associated themselves together as copartners for…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The objections to the validity of the judgment and sheriff’s sale in this case seem to be without foundation. The original judgment was entered on a bond and warrant of attorney sealed and delivered by one of three partners in the name of the firm, with the consent and by the directions of the other partners. By the implied authority resulting to each partner in trade from the partnership, one cannot execute a sealed instrument which will be obligatory on the others, unless it be sealed by the one in the presence of the others, and by their…
2Cases cited3 opinions
- Hays v. ShannonSupreme Court of Pennsylvania · 1836
- Fichthorn v. BoyerSupreme Court of Pennsylvania · 1836
- Feger v. KrohSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Miller v. Royal Flint Glass WorksSupreme Court of Pennsylvania · 1895
- Collins v. PhillipsSupreme Court of Pennsylvania · 1912
- Funk v. YoungSupreme Court of Pennsylvania · 1913
- Levy v. SpitzSupreme Court of Pennsylvania · 1929
- Cherry v. GodardSupreme Court of Oklahoma · 1936