Reed, Crane & Co. v. Kremer & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1883, No. 200. This was an action of assumpsit by Charles W. Kremer trading as C. W. Kremer & Co., against Joseph P. Reed, James L. Crane and John B. Watson, now or late trading as Reed, Crane & Co. Plea, non-assumpsit. Under the rule of the court an affidavit being filed by John B. Watson denying the partnership, the issue also raised the question of partnership between the three defendants.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1883, No. 200. This was an action of assumpsit by Charles W. Kremer trading as C. W. Kremer & Co., against Joseph P. Reed, James L. Crane and John B. Watson, now or late trading as Reed, Crane & Co. Plea, non-assumpsit. Under the rule of the court an affidavit being filed by John B. Watson denying the partnership, the issue also raised the question of partnership between the three defendants. In fact this was the only point tried, as the other defendants admitted the liability, and the only party defending,…
1Opinion of the CourtJustice Gordon
For the purposes of this case we must assume that the agreement dated 29th October, 1878, between Reed, Crane. & Co. and John B. Watson, did not constitute the latter a member of that firm ; the court below so ruled, and as this ruling cannot be reviewed on the present writ of error it must stand as the law of this case. It is certain, however, that that *486agreement did not conclude Charles W. Kremer, the plaintiff below, for he was at liberty to prove aliunde the fact of the partnership as he alleged it to be, and that without regard to how the parties had arranged their affairs between…
2Cases cited4 opinions
- Widdifield v. WiddifieldSupreme Court of Pennsylvania · 1810
- Given v. AlbertSupreme Court of Pennsylvania · 1843
- Johnston v. WardenSupreme Court of Pennsylvania · 1834
- Welsh v. SpeakmanSupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Brown v. BeecherSupreme Court of Pennsylvania · 1888
- Gifford v. GiffordIndiana Court of Appeals · 1914
- Bing v. SchmittSupreme Court of Pennsylvania · 1910
- Huron v. SchomakerSuperior Court of Pennsylvania · 1936