Keller v. Swartz

Citations

• 137 Pa. 65
• 20 A. 627
• 1890 Pa. LEXIS 952

Syllabus

<p>1. A decree, upon a bill for a settlement of partnership accounts, adjudicating the fact of partnership, and ordering that the defendant render an account before a master of all bis partnership transactions with the plaintiff, is interlocutory only, and no appeal will lie therefrom until a final decree upon the accounting.</p> <p>2. An agreement by two persons to contribute equally to a common fund to be used by a third person in speculating in stocks for their joint benefit, does not make them technical partners inter sese, where there was no arrangement between them that they should assume that relation: Per Mr. Justice Green.</p> <p>3. If two persons, joined in a stock speculation, agree, with no unsettled accounts between them, that one may sell his half of the stock at his discretion, and in pursuance thereof the latter proceeds to sell Ms share, while the other holds his for a rise, neither is liable to an account to the other thereafter as in a partnership.</p> <p>4. To render such an agreement effective, it is not essential that stock held by the broker of the parties, as security for advances made for its purchase, be at once withdrawn and divided; nor will the fact, that the broker continues to keep on his books an account against the parties as partners, be evidence that the association continues as between themselves.</p>