Lewis v. Williams
Supreme Court of Pennsylvania
Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought by John Lewis against John J. Williams, surviving partner of Thomas Folwell. ■The cause came on for trial before Pettit, (President,) on the 30th of April, 1839. The substance of the evidence, and the points of law raised, are sufficiently stated in the charge of the learned judge, which was in substance as follows.
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Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case brought by John Lewis against John J. Williams, surviving partner of Thomas Folwell. ■The cause came on for trial before Pettit, (President,) on the 30th of April, 1839. The substance of the evidence, and the points of law raised, are sufficiently stated in the charge of the learned judge, which was in substance as follows. “ This is an action of assumpsit, brought by John Lewis against,. John J. Williams, who was sued as surviving partner of Thomas Folwell, to recover a debt…
1Per curiam
Nothing is clearer at the common law than that a judgment in a several action against a partner, merges the debt; and that if the statute does not help this plaintiff, the law is against him. But the statute was intended for the case of a judgment on a joint action taken severally against one of the defendants, which is nevertheless a joint judgment. Joint and several obligors are indeed mentioned in it; but there is no room for its application where one of them has been sued severally: the other would be liable on what is his several bond without it. The mischief was, that defendants, in a…
2Cited by4 opinions
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