Graeff v. Hitchman
Supreme Court of Pennsylvania
ERROR to the common pleas of Somerset county. This was an action of assumpsit by Robert Hitchman against John Graeff, John Atchison and James Atchison.
Read the full summary
ERROR to the common pleas of Somerset county. This was an action of assumpsit by Robert Hitchman against John Graeff, John Atchison and James Atchison. The first count in the plaintiff’s declaration charged the defendants with having been partners in trade, and that a note of John Atchison to James Atchison, endorsed by the said James* and at their instance by the plaintiff, Robert Hitchman, was placed in bank, and was discounted, and the funds went to the said firm for the business of their partnership; and that it was afterwards paid by the said plaintiff; by reason whereof the said firm…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
If a partner borrows a sum of money, and gives his own security for it, it does not become a partnership debt, by being applied to partnership purposes. Bevan v. Lewis, Stokes v. Whitaker, 1 Simons 376; 2 Eng. Chan. Law Rep. 189; and in Emily and others, assignees of Burrough, a bankrupt, v. Lye and others, 15 East 6, it is held, that when one of two partners draws bills of *455exchange, in his own name, which he procured to be discounted with a banker, through the medium of the same agent who procured the discount of other bills, drawn in the…
2Cited by13 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Buckner v. LeeSupreme Court of Georgia · 1850
- Siegel v. ChidseySupreme Court of Pennsylvania · 1857
- Bank of Commerce v. Selden, Withers & Co.Supreme Court of Minnesota · 1859
- Goodrich v. LelandMichigan Supreme Court · 1869
8 more not listed; retrieve them via the Exa API.