Graff v. Callahan

Citations

• 158 Pa. 380
• 27 A. 1009
• 1893 Pa. LEXIS 1595

Syllabus

<p>Partnership — Defencer—Affidavit—Statement—Practice, G. P.</p> <p>In an action by a partnership, where a rule of court provides that it shall not be necessary for plaintiffs to prove the partnership, unless the defendant file an affidavit with his plea denying its existence, defendant, who has failed to file such an affidavit, will not be permitted to allege that the statement and book accounts filed do not make out a prima facie case for plaintiffs because the person who swore to their correctness was not a partner.</p> <p>Implied, contract — Goods delivered to family. .</p> <p>If a person who has been in the habit of dealing at a store, notifies the proprietor of the store not to trust his family, but subsequently permits members of his family to procure from the store goods suitable for family use, and such goods are used in his family, he will be responsible for the payment of their value.</p> <p>Evidence — Competency of witness — Party dead — Act of May 23, 1887.</p> <p>Under the act of May 23, 1887, P. L. 158, § 5 (e), the son of a deceased partner, in an action by the surviving partners, may testify to occurrences in the lifetime of his father, other than conversations and transactions between the deceased personally and defendant.</p>