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· 3/5/1921

Bright v. Higgins

Citations

  • 76 Pa. Super. 71
  • 1921 Pa. Super. LEXIS 87

Syllabus

<p>Partnership — Interest in partnership — Evidence — Charge of court — Harmless error.</p> <p>In a suit between partners to recover tbe alleged interest of the plaintiff, evidence is admissible that the plaintiff gave to the defendant a check for the amount of money standing to the credit of his own business, upon its merger with that of the defendant.</p> <p>It was also proper to admit in evidence that certain furniture and fixtures of the defendant’s former business had been burned in a fire, which destroyed the alleged consolidated business, and that the defendant had collected the fire insurance thereon.</p> <p>When the question at issue was not the amount of the defendant’s interest, but rather that of the plaintiff, the fact that the court referred to the amount of the defendant’s interest is immaterial error and will not be ground for reversal, particularly when such error was not called to the attention of the trial judge at the conclusion of his charge.</p>

Judges: Head, Henderson, Keller, Linn, Porter, Qrlady, Trexler

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