Brew v. Hastings

Citations

• 196 Pa. 222
• 46 A. 257
• 1900 Pa. LEXIS 507

Syllabus

<p>Partnership — Continuance of firm after death of member — Dissolution.</p> <p>Stipulations in articles of copartnership for the continuance of the firm after the death of a member, and until the consent of all the partners is given to a dissolution, are valid and binding, and on the death of an individual partner will prevent a dissolution.</p> <p>It is not a fraud, actual or constructive, upon creditors 'for a debtor to enter into a partnership agreement in a banking business for the term of ten years with a stipulation that the death of a member during that period should not work a dissolution, but that his interest should remain in the partnership, his representatives, however, to have no voice or control in the management.</p> <p>Partn ership — Disso lution — Findings of fact.</p> <p>It is error for the court to find as a fact a parol agreement between the surviving partners and representatives of a deceased partner for a dissolution of the partnership, where the evidence discloses merely propositions from both sides for settlement not acceded to by either, and no conclusion reached.</p>