Taylor v. Coryell
Supreme Court of Pennsylvania
IN ERROR. A writ of capias ad respondendum, issued out of the District Court, at the suit of Lewis 8. Coryell, William Maris, and Daniel Barry, trading under the firm of Lewis S. Coryell and Co., against William Taylor, Chauncey Belknap, Daniel Belknap, and Stephen Belknap, trading under the firm of Taylor and Belknaps, on which writ William Taylor was arrested, and gave bail to the sheriff. As to the other defendants, the sheriff returned non esv inventus.
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IN ERROR. A writ of capias ad respondendum, issued out of the District Court, at the suit of Lewis 8. Coryell, William Maris, and Daniel Barry, trading under the firm of Lewis S. Coryell and Co., against William Taylor, Chauncey Belknap, Daniel Belknap, and Stephen Belknap, trading under the firm of Taylor and Belknaps, on which writ William Taylor was arrested, and gave bail to the sheriff. As to the other defendants, the sheriff returned non esv inventus. The declaration in the case, after reciting the arrest of Taylor, and that the other defendants were not found, stated, that certain…
1Opinion of the Court
*248The opinion of the court was delivered by
DuNCAIí, J.
There are two questions: 1. lias one partner power to bind all, by an agreement to refer not by specialty? 2. Under the plea of non assumpsit, in an action on the award,, without notice of special matter, can the defendant give mistake of the arbitrators in evidence? It may be laid down, that partners are bound universally, by what is done by each other in the course of the partnership business. Their liability under contracts is commensurate with their rights, and the act of one is the act of all. The case of partnership contracts is…
2Cases cited3 opinions
- Gerard v. BasseSupreme Court of the United States · 1784
- Hills v. RossSupreme Court of the United States · 1796
- Romans v. RobertsonSupreme Court of Pennsylvania · 1803
3Cited by6 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
- Ferreri v. First Options of Chicago, Inc.District Court, E.D. Pennsylvania · 1985
- Pace v. ChadderdonSupreme Court of Minnesota · 1860
- Bright v. SampsonTexas Supreme Court · 1857
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