Kelley v. Shay

Citations

• 206 Pa. 215
• 55 A. 927

Syllabus

<p>Appeals — Findings of fact — Evidence.</p> <p>A finding of fact in the court below as to the existence or nonexistence of a partnership, based upon sufficient evidence, will not be reversed by the Supreme Court in the absence of manifest error.</p> <p>Partnership — Settlement of accounts — Interest.</p> <p>In the settlement of partnership accounts the allowance or ref usal of interest depends upon the circumstances of each particular case; any unbending rule would work injustice in some case.</p> <p>Except where there has been a fraudulent retention, or an improper application of money of the firm, it is not the practice of the courts to charge a partner with interest on money of the firm in his hands.</p> <p>Partnership — Bight to engage in outside business.</p> <p>Where a partner reserves to himself the right to engage in business upon his own account in the same line in which the firm is engaged, he may, after purchasing stock of a corporation in whose business the partnership is interested, and paying for the same out of partnership assets, buy with his own money stock of the same corporation.</p>