Eaton's Appeal

Citations

• 66 Pa. 483
• 1871 Pa. LEXIS 64

Syllabus

<p>1. A bill for account between partners averred that the plaintiff and two defendants had equal interests; one defendant answered that he had four-ninths, the plaintiff two-ninths and the other partner three-ninths; the answer was responsive.</p> <p>2. When the plaintiff calls on the defendant to answer the allegations of the bill, he makes defendant a witness for that purpose but for no other.</p> <p>3. The defendant is bound to set out whatever constitutes a part of the facts stated in the hill.</p> <p>4. The defendant cannot make himself by his answer a witness generally and introduce other facts either in avoidance or defence.</p> <p>5. A test as to the answer being responsive is, whether the respondent could on cross-examination as a witness at law, be examined as to the matter he states in anticipation of his defence.</p> <p>6. The defendant must answer every material allegation in the bill whether specially interrogated thereto or not.</p> <p>7. Part of a fact or contract is not the truth; nor if the terms of a contract are diiferent.</p> <p>8. Another subsequent, independent, and distinct fact not stated in the bill is not responsive.</p> <p>9. If the whole allegation in the answer might have been left out it is not responsive to the bill.</p> <p>10. If the omission of some statement would furnish ground of exception to the answer, the statement to the extent to which io is required, whether negative or affirmative, is responsive.</p> <p>11. Partners dissolved having an unexpired lease, two of them continued in the business, occupied part of the leased premises and sub-let the remainder; the rental value increased. Held, that in a settlement they were chargeable with the increased value and not merely with what the unexpired term was worth at the dissolution.</p> <p>12. In stating an account between a plaintiff partner and two defendants, the master should find not only what was due the plaintiff, but also state an account between the defendants.</p> <p>13