Brooke v. Evans
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. This was an action by Charles and Clement Brooke against Joseph Evans, Caleb Evans, and Amzi Babbit, in partnership under the name of Joseph Evans & Co., in which the following facts appeared.
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ERROR to the district court of Lancaster county. This was an action by Charles and Clement Brooke against Joseph Evans, Caleb Evans, and Amzi Babbit, in partnership under the name of Joseph Evans & Co., in which the following facts appeared. The plaintiffs, being seised of the Berlin ironworks, in Union county, Pennsylvania, by their lease, under seal, dated the 4th of March 1S29, demised, the same to Joseph Evans, one of the defendants, to hold for the term of five years, from the 1st of April 1829, upon the terms and conditions therein specified; prout the said lease made part of this case…
1Opinion of the Court
Pee Curiam.
The attempt is to charge a partner with a debt, contracted not by himself, or on his credit, but by hisfellow, before the partnership was constituted, and this, because the subject matter, which was the consideration of the debt, had been carried into the partnership as stock. Without a subsequent assumption by the firm, that cannot be done. The claim for use and occupation, stands upon the same, or a worse foundation. The admitted existence of a letting by specialty to one of the partners, excluded the implication of a holding by both, as well as of the tenure having been by…
2Cited by3 opinions
- Freeman v. Huttig Sash & Door Co.Texas Supreme Court · 1913
- Goodenow v. JonesIllinois Supreme Court · 1874
- Morrison v. CurrySuperior Court of Pennsylvania · 1910