Patterson v. Lytle
Supreme Court of Pennsylvania
Writs of error to the Common Pleas of Blair. May 31. Henry L. Patterson and John Lytle were partners, against whom one Devine obtained a judgment. After Lytle had sold his interest in the concern to Patterson, he built a store-house, in which he sold goods on commission for one Thornton Barnes.
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Writs of error to the Common Pleas of Blair. May 31. Henry L. Patterson and John Lytle were partners, against whom one Devine obtained a judgment. After Lytle had sold his interest in the concern to Patterson, he built a store-house, in which he sold goods on commission for one Thornton Barnes. A fi. fa. was issued on Devine’s judgment against P. & L., and Patterson, it seems, directed the sheriff to levy upon and sell the goods in-Lytle’s store, as Lytle’s goods, in pursuance of which direction they were sold by the sheriff, Patterson becoming the purchaser and receiving the goods. Before…
1Opinion of the Court
The opinion of this court was delivered by
Coulter, J.
One of the partners is entitled to a credit for the $500 produced by the sale of the goods of Barnes; because that *55sum, so produced, went in satisfaction and payment, pro tanto, of the judgment and execution of Devine against the firm of Patterson & Lytle. The judgment being extinguished, which of the partners is entitled to receive credit for the disputed item of $500 ? It would seem to be an obvious dictate of natural justice, that the partner who paid and compensated Barnes in full for the price or value of the goods, ought to be allowed…
2Cases cited2 opinions
- Crest v. JackSupreme Court of Pennsylvania · 1834
- Kelly v. EichmanSupreme Court of Pennsylvania · 1838
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