Gearing v. Carroll
Supreme Court of Pennsylvania
Appeal, No. 301, Oct. T., 1891, by-defendants, D. W. C. Carroll et al., from judgment of C. P. No. 1, Allegheny Co., June T., 1888, No. 719, on verdict for plaintiff, H. C. Gearing. Assumpsit against defendants, trading as limited partners, to charge them as general partners. The material facts appear in the opinion of the Supreme Court. The items under (b) in the opinion were headed “ material for Junction Railroad ” in the schedule.
Read the full summary
Appeal, No. 301, Oct. T., 1891, by-defendants, D. W. C. Carroll et al., from judgment of C. P. No. 1, Allegheny Co., June T., 1888, No. 719, on verdict for plaintiff, H. C. Gearing. Assumpsit against defendants, trading as limited partners, to charge them as general partners. The material facts appear in the opinion of the Supreme Court. The items under (b) in the opinion were headed “ material for Junction Railroad ” in the schedule. The schedule also contained “ lot of ropes and blocks, @200; small machinery tools, @100; lot of small tools, @100; one Long & Allstatter heavy punch and lot of…
1Opinion of the Court
Opinion by
Mb. Justice Stebbett,
Suit was brought against defendants as general partners doing business in the name of “ D. W. C. Carroll & Co., Limited.” In his statement and affidavit of claim, plaintiff alleges that defendants are justly and legally indebted to him in the sum of $3,642.20, for lumber and material sold and delivered by him to them.
The defence was, “ That nothing is due to plaintiff from deponents or any of them as individuals, and that they are not general partners, nor liable as such; that the sum claimed by plaintiff is a debt contracted by D. W. C. Carroll & Co., Limited,…
2Cases cited2 opinions
- Maloney v. BruceSupreme Court of Pennsylvania · 1880
- Eliot v. HimrodSupreme Court of Pennsylvania · 1885
3Cited by4 opinions
- First National Bank v. CrevelingSupreme Court of Pennsylvania · 1896
- Haslet v. KentSupreme Court of Pennsylvania · 1894
- In re Assignment of the Mill Work & Mantel Co.Superior Court of Pennsylvania · 1897
- Robbins Electric Co. v. WeberSupreme Court of Pennsylvania · 1896