Pittsb. Melting Co. v. Reese
Supreme Court of Pennsylvania
ERROR, TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 235 October Term 1887, Sup. Ct.; court below, No. 320 September Term 1886, C. P. No. 1. On July 21, 1886, Thomas M. Reese issued a summons in case against the Pittsburgh Melting Co., Limited, an association organized under the limited partnership act of June 2, 1874, P. L. 271. The plea was non-assumpsit.
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ERROR, TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 235 October Term 1887, Sup. Ct.; court below, No. 320 September Term 1886, C. P. No. 1. On July 21, 1886, Thomas M. Reese issued a summons in case against the Pittsburgh Melting Co., Limited, an association organized under the limited partnership act of June 2, 1874, P. L. 271. The plea was non-assumpsit. At the trial on April 9, 1887, the facts appeared: The defendant company was engaged in the business of rendering animal fats, and on July 12,1886, had on hand six hundred tierces of oleomargarine oil. At a meeting of the…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen :
The defendant is a limited and not a general partnership-The powers of the members are subject to the restraints and limitations imposed by law, and these are operative as well against strangers dealing with the partnership as against the members themselves. In a general way this was conceded by the learned court below; but, in describing the authority of Mr. Winter, who was chairman of the company, we think the court erred in attributing to him an authority he did not possess. . Thus, in the charge the learned judge said: “ As we instruct you, Mr. Winter had a…
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