Purdy v. Powers
Supreme Court of Pennsylvania
In error from the Common Pleas of Beaver county. Oct. 7. Assumpsit by Powers and Lacock, partners, trading as William H. Powers. It appeared that in 1837 the plaintiffs entered into articles of partnership, by which Lacock agreed to become a special partner; but the act of Assembly on that subject was not complied with. Purdy, the defendant, purchased sundry articles of merchandise from the store at which the firm conducted their business.
Read the full summary
In error from the Common Pleas of Beaver county. Oct. 7. Assumpsit by Powers and Lacock, partners, trading as William H. Powers. It appeared that in 1837 the plaintiffs entered into articles of partnership, by which Lacock agreed to become a special partner; but the act of Assembly on that subject was not complied with. Purdy, the defendant, purchased sundry articles of merchandise from the store at which the firm conducted their business. Without the consent of Lacock, Purdy endorsed the amount of his debt as a credit upon a judgment he held against Powers; and the main question was whether…
1Opinion of the CourtBell, J.
It is admitted, that here was an attempted application by Power, one of the partners, of a debt due to the firm of which he was a member, in payment of his separate debt; and the jury-having,negatived the allegation of assent of the other partner, Lacock, to this appropriation, the principal question presented for decision is, whether an action at law can be sustained in the partnership name to recover- the debt sought to be- misapplied. On the authority of the English case of Jones v. Yeates, decided by the Court of King’s Bench, 9 Barn. & Cres. 532, the plaintiff in error contends the…
2Cases cited4 opinions
- J. D. Evernghim v. R. & A. EnsworthNew York Supreme Court · 1831
- Gram v. CadwellNew York Supreme Court · 1826
- Noble v. M'ClintockSupreme Court of Pennsylvania · 1841
- Alexander v. M'GinnSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
- Schmitt v. Potter Title & Trust Co.Superior Court of Pennsylvania · 1915
- Clarke v. Slate v. R. Co.Supreme Court of Pennsylvania · 1890