G. Wessels & Co. v. E. Weiss & Co.
Supreme Court of Pennsylvania
Appeal, No. 10, Jan. T., 1895, by plaintiffs, from order of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 151, discharging a rule for judgment for want of a sufficient affidavit of defence. Before Gbeen, Williams, McCollum, Mitchell and Fell, JJ. Assumpsit on promissory notes against E. Weiss and Chas.
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Appeal, No. 10, Jan. T., 1895, by plaintiffs, from order of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 151, discharging a rule for judgment for want of a sufficient affidavit of defence. Before Gbeen, Williams, McCollum, Mitchell and Fell, JJ. Assumpsit on promissory notes against E. Weiss and Chas. W. Schmidt, trading as E. Weiss & Co. Plaintiff’s statement, after setting forth the promissory notes, continued as follows : “ Plaintiffs further say that said Schmidt was a partner of said Weiss, trading as E. Weiss & Co., at the time of the contracting of the debt for which said notes were…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The agreement between the defendants made them partners at common law and in this state. The case of Waugh v. Carver, 2 H. Blackstone, 235, decided in 1793, which followed Grace v. Smith, 2 Wm. Blackstone, 998, decided in 1775, was followed and adopted to its full extent in Purviance v. McClintee, 6 S. & R. 259, in 1820. The well settled rule of Waugh v. Carver was overruled in England iii 1860 by the case of Cox v. Hickman, 8 H. L. C. 268, but there has been no departure from it in this state except by legislation in 1870. In the opinion in Edwards v. Tracy, 62 Pa.…
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