Book v. O'Neil

Citations

• 2 Pa. Super. 306
• 1896 Pa. Super. LEXIS 55

Syllabus

<p>Partnership — Liquidating partner — Set-off— Widow's exemption.</p> <p>Where a surviving partner on settlement of the partnership business is indebted to his deceased copartner, he cannot set off against such balance a sum found to be due by his deceased partner to him on a settlement of the' partnership business made in the deceased partner’s lifetime, whore the widow of the deceased partner has claimed the amount due.on the final settlement of the partnership business under her widow’s exemption.</p> <p>The surviving partner holds such a trust relation to the estate passing through his hands that he cannot pay his claim to the prejudice of others, especially so, as against one of superior rank.</p> <p>Partnerships — Expenses of winding wp partnership affairs.</p> <p>Although a surviving or liquidating partner is not entitled to compensation for winding up partnership business he is entitled to all necessary expenses in effecting a legal settlement of the business.</p>