Murdoch v. Murdoch
Supreme Court of Pennsylvania
Appeal, No. 136, Oct. T., 1923, by Edward A. Murdoch and David V. Murdoch, two of defendants, from decree of C. P. Allegheny Co., Jan. T., 1922, No. 2653, on bill in equity, in case of Inez Leslie Murdoch, Administratrix of estate of Henry Murdoch, deceased, v. Edward A. Murdoch, David V. Murdoch and John T. Murdoch. Bill for injunction, receiver and accounting. Before Ford, J. The opinion of the Supreme Court states the facts. Decree for plaintiff.
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Appeal, No. 136, Oct. T., 1923, by Edward A. Murdoch and David V. Murdoch, two of defendants, from decree of C. P. Allegheny Co., Jan. T., 1922, No. 2653, on bill in equity, in case of Inez Leslie Murdoch, Administratrix of estate of Henry Murdoch, deceased, v. Edward A. Murdoch, David V. Murdoch and John T. Murdoch. Bill for injunction, receiver and accounting. Before Ford, J. The opinion of the Supreme Court states the facts. Decree for plaintiff. Edward A. Murdoch and David V. Murdoch appealed. Errors assigned were, inter alia, various rulings on evidence and decree, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The three defendants entered into a written article of copartnership, which did not name any period for its continuance, but stipulated that each should have a “one-third interest” in the business, should each “draw and take equal amounts from the earnings,” and should each “draw equal salaries.” It is admitted that this paper fully sets forth the terms of the partnership. For four years immediately subsequent to its date, all three of the partners took an active part in the business; but shortly after the end of that period, John T. Murdoch, one of the number,…
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