Griffee v. Griffee

Citations

• 173 Pa. 434
• 34 A. 441
• 1896 Pa. LEXIS 725

Syllabus

<p>Partnership — Evidence—Promissory note — Judgment— Question for jury.</p> <p>In an action against G. upon a promissory note to the order of plaintiff, signed by M. and G., who the plaintiff alleged in his statement were partners under two firm names, it appeared that subsequent to the date of the note M. had given to the plaintiff a judgment note which he signed in the name of both firms, and which was for the debt represented by the promissory note and other indebtedness. Judgment was entered upon the judgment note. Defendant denied that he was a member of either firm and alleged that plaintiff and M. were partners under both firm names. He claimed that the acceptance by the plaintiff of the judgment note and entry of judgment thereon was a satisfaction of the note upon which suit was brought. Iield (1) that the case was for the jury; (2) that the acceptance of the judgment note was not necessarily a release of defendant on the note in suit; (3) it was not competent for defendant to prove that he and M. made an agreement whereby M. assumed all liabilities and indebtedness incurred in the business, and that plaintiff had possession of the agreement, and knowledge of its contents; (4) that an instruction that plaintiff could not recover unless he proved affirmatively that defendant was a partner of M. was'all that defendant was eutitled to; (5) the findings of fact necessarily implied in the verdict were conclusive of plaintiff’s right to recover.</p>