Himmelreich v. Shaffer

Citations

• 182 Pa. 201
• 37 A. 1007
• 1897 Pa. LEXIS 792

Syllabus

<p>Partnership — Partner's equity — Execution—Individual and partnership creditors.</p> <p>A partnership creditor can work out his equity only through the equity of the partners, and if there is no partnership as a matter of fact, there is nothing upon which the partnership creditor can found a claim for preference.</p> <p>Where two persons have held themselves out to a third as partners, although, as matter of fact, no partnership relation existed between them, the individual creditors of one of such persons, who have levied upon his property which is alleged to have been partnership property, will have a preference over partnership creditors whose execution is later in date.</p>