Abington Dairy Co. v. Reynolds

Citations

• 24 Pa. Super. 632
• 1904 Pa. Super. LEXIS 247

Syllabus

<p>Limited partnership association — Partnership—Declarations.</p> <p>' In an action by a limited partnership association under the Act of June 2, 1874, P. L. 271, a letter written under the letterhead of the c.ompany, and Signed by a person who was not shown to have been a manager of the company, is inadmissible for the purpose of proving that the goods were sold and delivered not to the defendant, but to the defendant's brother.</p> <p>The use of the abbreviation “Ltd.” instead of “Limited” after the company’s name on the letterhead, will not make the person who signed the letter a general partner so that his declarations and acts will have the same force and effect in all cases as the acts and declarations of a copartner in an ordinary partnership. The omission to use the word limited merely imposes liability for indebtedness on members who participate in the omission, or knowingly acquiesce therein.</p> <p>The use of the abbreviation “Ltd.” instead of the full word “Limited,” is not such a failure to comply with the law as will bring the association under the penalty in the proviso to the third section of the Act of June 2, 1874, P. L. 271.</p> <p>The declarations of a single manager of a limited partnership association will not bind the association, unless such declarations are made by him as a special agent of the association.</p> <p>Appeals — Harmless error — Review.</p> <p>The appellate court will not reverse a judgment because the trial judge did not quite accurately quote some of the evidence, where the variation is so slight as to do the plaintiff no harm; and this is especially so where the trial judge does not attempt to control the jury in their recollection of what was said.</p>