Harris v. Lindsay
U.S. Circuit Court for the District of Eastern Pennsylvania
Action of assumpsit to recover from the defendant $2,091, the balance of an account due from the former co-partnership of Lindsay and Tomlinson.
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Action of assumpsit to recover from the defendant $2,091, the balance of an account due from the former co-partnership of Lindsay and Tomlinson. The facts of the case, as opened and proved by the defendant’s counsel, were as follow: Lindsay and Tom-linson entered into partnership some time in October, 1S15, under the firm of Lindsay and Tomlinson, and after contracting with the plaintiffs the debt in question, they dissolved their connection, some time in January, 1S16, upon the terms that Tomlinson should retain the partnership funds, and pay all the debts ■due from the concerns. Immediately…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). It is certain that the rights of creditors cannot be altered by any private agreement, which the partners may choose to make with each other when they dissolve their connection. Although the partnership effects are by such agreement to be retained exclusively by one of the partners, who Is also to discharge the debts, the recourse of the creditors against the retiring partner remains unchanged, unless by some positive act, which directly, or by a fair inference, amounts to an agreement to discharge him. An indulgence granted by a creditor would not amount to such an…
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