Gwinn v. Lee

Citations

• 6 Pa. Super. 646
• 1898 Pa. Super. LEXIS 219

Syllabus

<p>Partnership — Equity of partners and creditors — Effect of death or transfer.</p> <p>The equity of creditors must be worked out through the medium of that of the partners.</p> <p>In the absence of an agreement a legal dissolution is effected by death of a partner or the transfer of a partnership interest.</p> <p>Partnership — Transfer of shares — -Liability for pre-existing debts.</p> <p>The transfer of a partner’s interest or shares in an unincorporated banking association and a continuance of the business without any separation of past from future liabilities, or discrimination between past and future profits will not make the new concern liable for pre-existing indebtedness of the bank. The creditors of the former firm or firms which may have constituted the banking association have no claim attaching to the partnership effects which have passed to the succeeding partnership; the latter firm may sell unhampered by any lien or trust in favor of the creditors of the former firm or assign for the benefit of creditors, and in that case the only persons entitled to participate in the distribution uve the creditors of the firm to which the property belonged at the time of the assignment.</p> <p>Equity practice — Pleadings—Injection of one defendant as supplemental plaintiff.</p> <p>While in a sense both parties in equity are plaintiffs and a decree may in some circumstances be entered in favor of the defendant without a cross bill, yet the necessity for proper and formal pleadings is not destroyed. It is not permitted on mere motion after replication filed in the regular way and after reference of the case that one defendant may on mere motion urge new facts which would qualify the original statement and without aifidavit or service of notice to other defendants inject a new plaintiff to urge grounds of relief which the other party plaintiff could not press.</p> <p>Equity — Jurisdiction once attaching embraces all points in contest.</p> <p>Equity ever looks to great