Funk v. Young

Citations

• 254 Pa. 548
• 99 A. 76
• 1916 Pa. LEXIS 766

Syllabus

<p>Partnerships — PaHnership loan — Judgment note by one partner —Suit on note — Subsequent action against other partner — Defenses —Bes adjudicata — Case for jury.</p> <p>1. It is only when the merits have been passed upon, or from the course of pleadings and trial they might have been passed upon, that a judgment sustains a plea of former recovery and bars a subsequent suit.</p> <p>2. A partner has no implied power to bind his copartner personally by a note under seal with power of attorney to confess judgment, and, in a suit on such note, although given for a loan to the partnership, recovery can be had only against the partner who executed it; but §uch judgment is not a bar to a subsequent action, not on the note, against the other partner for the amount of the loan.</p> <p>3. In an action against a member of a partnership for money loaned to another member of the partnership for the use of the firm, it appeared that such other partner had given judgment notes under seal as security for the loan, and that in an action on the notes judgment was entered in favor of the member who did not sign them. Defendant contended that the former, action on the notes was a bar to the subsequent action for the money loaned the firm. Held, that as defendant in the subsequent action could never have been held liable in the former action, the decision in the former action was not res adjudicata and the ease was properly submitted to the jury.</p>