Frack v. Houtz

Citations

• 167 Pa. 316
• 31 A. 640
• 1895 Pa. LEXIS 903

Syllabus

<p>Evidence — Partnership—Sale.</p> <p>In an action against a partnership to recover the price of goods sold, where one of the partners, a married woman, allows judgment to be •entered against her by default, and the other partner defends on the ground that the goods had not been purchased by the partnership, but contributed by his partner as her share of the capital, a written statement made by the husband of the married woman, who was the manager of the business, showing that the goods were a part of his wife’s contribution to the firm, is admissible to affect the credibility of his testimony that the goods had been purchased by the firm.</p> <p>In such case the wife was not a party to the issue on trial, and a recov■ery against the other partner was in her interest and not against it, and the husband was a competent witness.</p>