Ferguson v. Wright
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 280, to January Term 1869. This was an action of assumpsit brought, February 1st 1868, by Bryant Ferguson, administrator, &c., of Joseph S. Senat, deceased, against Peter T. Wright, administrator, &c., of Lewis D. Senat, deceased. The declaration was for money had and received and on an account stated.
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Error to the District Court of Philadelphia: No. 280, to January Term 1869. This was an action of assumpsit brought, February 1st 1868, by Bryant Ferguson, administrator, &c., of Joseph S. Senat, deceased, against Peter T. Wright, administrator, &c., of Lewis D. Senat, deceased. The declaration was for money had and received and on an account stated. On the trial before Hare, P. J., the plaintiff gave evidence of the existence of the firm of Senat, Brothers & Co., consisting of George S. Senat, Lewis D. Senat, Joseph 8. Senat and William Nichols; that Joseph S. Senat died June 2d 1860, and…
1Opinion of the Court
The opinion of the court was delivered, March 11th 1869, by
Agnew, J.
The authorities of the plaintiff in error are all *261against him. Whether an express promise to pay be essential, or an implication of a promise will arise from a settlement and balance struck, it is immaterial; all the authorities coinciding, that to support assumpsit there must be a settlement and balance found due to the partner who sues for it. Now the evidence in this case established no such settlement and balance due to the plaintiff from the other partners or any of them. The book produced showed only his individual…
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