Kutz v. Dreibelbis

Citations

• 126 Pa. 335
• 17 A. 609
• 1889 Pa. LEXIS 877

Syllabus

<p>1. Upon a dissolution of a partnership by the death of one of its members, the right to recover the partnership assets belongs to the surviving partner and not to the administrator of the deceased partner.</p> <p>2. And, for firm moneys or assets received by a partner in his lifetime, the ordinary rule is that his copartner cannot maintain assumpsit therefor, but must resort to a bill for an account, or to an action of account render.</p> <p>3. But to this rule there is an exception, and where the partnership was in a single and completed transaction, one pai’tner may maintain an action of assumpsit against the other.</p> <p>■1. Yet, where the estate of a deceased partner is lawfully possessed of a fund which is the sole asset of the partnership, and, no debts outstanding, nothing remains to be done but to state an account, the fund as a whole may not be recovered by the surviving partner, in.such action.</p>