Eureka Knitting Co. v. Snyder

Citations

• 36 Pa. Super. 336
• 1908 Pa. Super. LEXIS 168

Syllabus

<p>Replevin — Set-off—Defense.</p> <p>Set-off cannot be pleaded and allowed in an action of replevin.</p> <p>Affidavit of defense — Partnership—Accounting.</p> <p>An averment in an affidavit of defense that one partner had demanded an accounting from his copartner of the partnership assets received by the latter, and that it was found that the copartner was indebted to the partnership fund, is not a distinct averment that there had been a final settlement of the partnership accounts and property; all that is averred may be true, and yet if the partnership accounts were collected, the co-partner might have a substantial interest in the fund.</p> <p>If a partner with his own money buys a boiler and engine held by the firm under a lease, the partnership is not thereby released from its covenant to pay rent, and it must still pay according to the terms of the lease either to the partner who bought the property, or to his assignee.</p> <p>Trusts and trustees — Purchase of legal title — Personal property.</p> <p>Implied trusts will not be enforced against a bona fide purchaser of the legal title from an original trustee for a valuable consideration, and without notice of the equity of the person in whose favor the trustee holds.</p>