Bixler & Correll v. Kresge & Green

Citations

• 169 Pa. 405
• 32 A. 414
• 1895 Pa. LEXIS 1107

Syllabus

<p>[Marked to be reported.]</p> <p>Wages — Saw logs — Execution—Evidence—Act of June 12, 1879.</p> <p>While the provisions of the act of June 12,1879, P. L. 176, giving apreference to the wages of laborers engaged in cutting saw logs, must he strictly complied with, there is no particular grade of proof required to establish the fact that the wages were earned in the manner contemplated by the act, different from the measure of proof required in ordinary cases.</p> <p>Where such laborers positively testify that the amounts which they claim were earned in the manner contemplated by the act, and an auditor reports in favor of their claims, and the employers who were present at the audit are not called to disprove the claims, the Supreme Court will not reverse the finding of the auditor.</p> <p>Partnership — Partner's equity — Evidence.</p> <p>In. a contest between the partnership creditors of an alleged partnership and the individual creditors of one of the alleged partners, if it appears that no partnership actually existed between the parties, although they held themselves out to the world as partners, there is no equity to support the claims of the partnership execution creditors as against the prior execution creditors of the individual partner who is the real owner of the assets.</p> <p>Where a boy under age permitted himself to he held out to the world as a partner of another person, but was really employed at a salary, and contributed no property to the business, and after he became of age repudiated his obligations on joint notes which he had signed with his alleged partner, he has no equity as a partner which will entitle the creditors of the alleged firm to a preference over the individual creditors of the partner who was the real owner.of the assets levied upon as the property of the firm.</p>