Irwin v. Bidwell
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: Of October and November Term 1870, No. 180. This was an action of assumpsit brought December 9th 1868, by James Irwin and William Holmes, trading as James Irwin & Co., against Oliver B. Jones, D. W. C. Bidwell and Henry Phipps, Jr., trading as O. B. Jones.
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Error to the District Court of Allegheny county: Of October and November Term 1870, No. 180. This was an action of assumpsit brought December 9th 1868, by James Irwin and William Holmes, trading as James Irwin & Co., against Oliver B. Jones, D. W. C. Bidwell and Henry Phipps, Jr., trading as O. B. Jones. Judgment for want of an affidavit of defence was taken against Jones; the other defendant filed an affidavit of defence and pleaded, “Non assumpsit,” “No partnership with leave, &c.” The action was for goods sold and delivered. There was no question as to the delivery of the goods to Jones at…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— There are three classes of cases in which parties may become liable to third persons as partners: 1st, When they are actually partners inter se by express agreement. 2d, When not being partners inter se, or entitled to any share of the profits, they hold themselves out to the world as such by acts or declarations, and the particular creditor who sues trusts them as partners on the faith of such acts or declarations. 3d. When there is an agreement to receive a share of the profits as such and not a mere commission on profits, or a sum…
2Cases cited3 opinions
- Chase v. BarrettNew York Court of Chancery · 1833
- Heckert v. FegelySupreme Court of Pennsylvania · 1843
- Tibbatts v. TibbattsU.S. Circuit Court for the District of Ohio · 1854
3Cited by7 opinions
- Beaver v. SlaneSupreme Court of Pennsylvania · 1921
- Commissioner of Internal Revenue v. OldsCourt of Appeals for the Sixth Circuit · 1932
- Kirshon, Et Ux. v. FriedmanSupreme Court of Pennsylvania · 1943
- Coens v. MarousisSupreme Court of Pennsylvania · 1923
- Barbet v. OstovarSuperior Court of Pennsylvania · 1979
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