Bartley v. Williams

Citations

• 66 Pa. 329
• 1871 Pa. LEXIS 36

Syllabus

<p>1. Ordinarily trover or replevin will not lie by one partner against another for goods; the conversion.must be followed by an action for account.</p> <p>2. Partners under seal agreed to dissolve and one to take all the assets, pay the debts and divide the surplus, each agreeing with the other to make up any deficiency. Trover would lie by the liquidating partner against the other for refusal to deliver the goods.</p> <p>3. -Oral testimony is always for the jury when, what is its effect is the question.</p> <p>4. When a point is put on oral testimony it must always state the evidence hypothetically, leaving the jury to determine what the fact is and to apply the instruction of the court.</p>