Case v. Cushman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Susquehanna county. Ugenior Cushman against Benjamin T. Case. This was an action of covenant, in which the following facts appeared:— The plaintiff and C. F. A. Volz had been partners in merchandising; and upon the dissolution of the partnership, Volz assigned all his estate, real and personal, to the defendant, in trust for the payment of all his debts.
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ERROR to the Common Pleas of Susquehanna county. Ugenior Cushman against Benjamin T. Case. This was an action of covenant, in which the following facts appeared:— The plaintiff and C. F. A. Volz had been partners in merchandising; and upon the dissolution of the partnership, Volz assigned all his estate, real and personal, to the defendant, in trust for the payment of all his debts. When this assignment was made, the partnership books were delivered to Case; in them was contained an account of the firm debts. Some months after, Cushman sold and assigned to Case, all his interest in the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The circumstances connected with the turning point of the cause, are simple and few. When the defendant became the assignee of the liquidating partner, Yolz, he received from him the books and papers of the concern, which had previously been in the hands of counsel for collection. It was distinctly proved that the bill of goods which gives rise to the present contest, though furnished by the Messieurs Gascoigne to U. Cushman & Co., in May 1830, had not been entered on the books of the latter when they dissolved their partnership in the…
2Cited by7 opinions
- Moorre v. Stevens Coal Co.Supreme Court of Pennsylvania · 1934
- Codding v. WoodSupreme Court of Pennsylvania · 1886
- Daniels v. Bethlehem Mines Corp.Supreme Court of Pennsylvania · 1958
- Silverthorn v. SilverthornSupreme Court of Pennsylvania · 1923
- Farrington v. WoodwardSupreme Court of Pennsylvania · 1876
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