Johnson v. Weller
Superior Court of Pennsylvania
Appeal, No. 195, April T., 1913, by defendants, from order of C. P. Forest Co., Sept. T., 1912, No. 40, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George R. Johnson, to use of Citizens’ National Bank of Tionesta, v. Elizabeth Weller, Executrix of the last will and testament of A. L. Weller, deceased, and J. F. Proper, liquidating and surviving partner of the late firm of A. L. Weller, and J. F. Proper.
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Appeal, No. 195, April T., 1913, by defendants, from order of C. P. Forest Co., Sept. T., 1912, No. 40, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George R. Johnson, to use of Citizens’ National Bank of Tionesta, v. Elizabeth Weller, Executrix of the last will and testament of A. L. Weller, deceased, and J. F. Proper, liquidating and surviving partner of the late firm of A. L. Weller, and J. F. Proper. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. Before Hinckley, P. J. From the record it…
1Opinion of the Court
Opinion by
Heai>, J.,
The statement of claim avers and the affidavit does not deny that Proper, the appellant, was in fact a partner with one Weller who borrowed the money, to recover which this suit was brought. The loan was made to prose*483cute the business of the partnership and its proceeds were directly applied to its use. These facts established, the legal conclusion follows that each member of the firm became hable for the payment of the partnership debt. It is of no consequence that the creditor, at the time the loan was made, was not aware of the fact that the appellant was a silent…
2Cases cited7 opinions
- Graeff v. HitchmanSupreme Court of Pennsylvania · 1836
- Boyd v. Thompson & CoxeSupreme Court of Pennsylvania · 1893
- Hoskinson v. EliotSupreme Court of Pennsylvania · 1870
- Funk v. YoungSupreme Court of Pennsylvania · 1913
- Hill v. VoorhiesSupreme Court of Pennsylvania · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Mullen v. McGeaghSuperior Court of Pennsylvania · 1926