Esterly v. Bressler
Superior Court of Pennsylvania
Appeal, No. 218, Oct. T., 1900, by defendant, in suit of Elizabeth R. Esterly, Francis R. Esterly and Alfred B. Yorgey, administrators of Amos S. Esterly, deceased, against Frank F. Bressler, from judgment of C. P. Berks County, Jan. T., 1900, No. 16, on verdict for defendant. Per Curiam. Assumpsit. Before Endlich, J. The facts sufficiently appear from the opinion of the court below refusing rule for new trial.
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Appeal, No. 218, Oct. T., 1900, by defendant, in suit of Elizabeth R. Esterly, Francis R. Esterly and Alfred B. Yorgey, administrators of Amos S. Esterly, deceased, against Frank F. Bressler, from judgment of C. P. Berks County, Jan. T., 1900, No. 16, on verdict for defendant. Per Curiam. Assumpsit. Before Endlich, J. The facts sufficiently appear from the opinion of the court below refusing rule for new trial. Prior to March 30, 1889, Amos S. Esterly and defendant were partners. On that date, the partnership was dissolved, defendant transferring all his interest in the firm’s business and…
1Opinion of the Court
Per Curiam,
The court below was clearly right in holding that the defendant’s evidence would not justify a finding that the contract of dissolution was abrogated, or that under the new arrangement the defendant reacquired the rights which by the former contract he had renounced in respect of the claims due to the old partnership. Under the agreement of dissolution the defendant liad no light to collect the judgment in question; indeed, he covenanted that he would not “receive or discharge any of the *458goods or debts of said firm or do any act to hinder the said Amos S. Esterly from receiving the…
2Cases cited1 opinion
- Book v. O'NeilSuperior Court of Pennsylvania · 1896