Schmertz v. Shreeve
Supreme Court of Pennsylvania
October 21st and 22d 1869. Before Thompson, C. J., Read, Ag-new, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Venango county: Of October and November Term 1869, No. 181. This was an action of debt in the Court of Common Pleas of Venango county, by Robert C. Schmertz and James Bleakley, trading as Schmertz & Bleakley, against William A. Shreeve and A. W. Say, trading as Shreeve & Say.
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October 21st and 22d 1869. Before Thompson, C. J., Read, Ag-new, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Venango county: Of October and November Term 1869, No. 181. This was an action of debt in the Court of Common Pleas of Venango county, by Robert C. Schmertz and James Bleakley, trading as Schmertz & Bleakley, against William A. Shreeve and A. W. Say, trading as Shreeve & Say. The defendants pleaded •“nil debet,” payment with leave, &c., and set-off. The plaintiffs on the trial, September 8th 1869, before Trunkey, P. J., gave in evidence an agreement, dated October…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
It is admitted in the printed argument of the plaintiffs in error that the first four assignments of error raise but a single question for decision, and this dispenses with the necessity of considering them separately. That question as stated in the plaintiffs’ 1st point which the learned- judge below answered in the negative is, whether when a partner signs with a seal the firm name to a contract to the validity of which a seal is not essential, it binds the firm. This question, of course, has reference to the particular instrument which…
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