Egbert v. Kimberly

Citations

• 146 Pa. 96
• 23 A. 437
• 1892 Pa. LEXIS 1200

Syllabus

<p>(a) Two members of a limited partnership, organized under the act of June 2,1874, P. L. 271, granted to the association the coal under certain lands, with mining rights, etc., reserving certain royalties. The grantors assigned the grant to the plaintiff, who brought suit for the royalties against the members of the company as general partners:</p> <p>1. The assignors being members of a company who contracted, inter sese, in their articles of association, that the liability of the members should be limited to the stock subscribed, neither the assignors, nor the plaintiff claiming under them, could be heard to allege that the association was defectively organized, and the liability general.</p>