Hoge v. Rush

Citations

• 173 Pa. 264
• 33 A. 1013
• 1896 Pa. LEXIS 693

Syllabus

<p>Partnership — Payment to partner — Joint purchasers.</p> <p>Any one of several copartners has the right to receive money payable to the partnership, and such payment discharges the debtor.</p> <p>Where the managing partner of a copartnership, with the full knowledge and consent of his associates, makes a sale of a portion of the partnership property to himself and another person as joint purchasers, a payment of a portion of the purchase money by such other person to the managing partner is a payment to the partnership. In such a case no antagonistic interest is created by the managing partner’s receipt of a debt due the partnership, inasmuch as it is to the interest of the partnership to receive money due from a debtor, no matter whom; and the fact that the managing partner, who is known to be solvent at the time, does not immediately pay over the money to the partnership, does not deprive the other joint purchaser of his right to be credited with the amount paid by him.</p> <p>Where one of two joint purchasers from a partnership is also a member of the partnership, the other joint purchaser is individually liable to the partnership for the whole amount of the purchase money. The half of the debt due by his associate is not, in contemplation of law, paid by reason of the associate being a member of the partnership.</p> <p>Partnership — Actions—Parties—Act of April 14, 1838.</p> <p>Under the act of April 14, 1838, P. L. 457, a partnership may bring an action against two joint purchasers of the firm’s goods, although one of the purchasers is a member of the partnership.</p>