McCollum v. Carlucci
Supreme Court of Pennsylvania
Appeal, No. 15, Jan. T., 1903, by defendant, from judgment of C. P. Susquehanna Co., Nov. T., 1900, No. 57, on verdict for plaintiff in case of A. H. McCollum and A. B. Smith, Executors of H. W. Lord, Deceased, v. Frank Carlucci. Assumpsit for breach of partnership agreement. Before Searle, P. J. The facts appear by the opinion of the Supreme Court. The court refused binding instructions for defendant.
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Appeal, No. 15, Jan. T., 1903, by defendant, from judgment of C. P. Susquehanna Co., Nov. T., 1900, No. 57, on verdict for plaintiff in case of A. H. McCollum and A. B. Smith, Executors of H. W. Lord, Deceased, v. Frank Carlucci. Assumpsit for breach of partnership agreement. Before Searle, P. J. The facts appear by the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict for plaintiff for $4,000 on which judgment was entered for $1,800, all above that amount having been remitted. Error assigned amongst others was in submitting the case to the jury, and…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
If this suit were for an accounting by Carlueci, the appellant, to the estate of Lord, his late partner, the judgment would have to be reversed. Partnership accounts must be adjusted and settled and the liability of one partner to another ascertained by an action of account render or by a bill in equity: Ferguson v. Wright, 61 Pa. 258; Leidy v. Messinger, 71 Pa. 177; Crow v. Green, 111 Pa. 637; Murray v. Herrick, 171 Pa. 21.
The cause of action, as set forth in plaintiff’s statement, is, that the appellant broke all of his covenants in the partnership agreement, and…
2Cases cited5 opinions
- Crow v. GreenSupreme Court of Pennsylvania · 1886
- Ferguson v. WrightSupreme Court of Pennsylvania · 1869
- Leidy v. MessingerSupreme Court of Pennsylvania · 1872
- Murray v. HerrickSupreme Court of Pennsylvania · 1895
- Addams v. TuttonSupreme Court of Pennsylvania · 1861
3Cited by3 opinions
- Bracht v. ConnellSupreme Court of Pennsylvania · 1933
- Farwell v. WilcoxSupreme Court of Oklahoma · 1918
- Rubin v. Green, Pennsylvania Court of Common Pleas, Philadelphia County1935