Little v. Fairchild

Citations

• 10 Pa. Super. 211
• 1899 Pa. Super. LEXIS 261

Syllabus

<p>Amendment — Practice, C. P. — Demurrer to amended statement.</p> <p>Where an amendment, within the power of the court to allow, which did not change the cause of action although broad enough to permit the introduction of proof on the trial which might otherwise have been excluded is made, the better practice is to demur to such amended statement if it be objectionable ; when the cause goes to trial on the amended statement the defect in the pleading if any is cured.</p> <p>Charge of court — Accidental and immaterial error.</p> <p>Where the liability sought to be imposed upon two members of a firm served by process was not individual but one growing out of a partnership of which they were members, the appellate court will not reverse for an accidental misstatement of the trial judge that the issue was one between the plaintiffs and four members, naming them, constituting the defendant firm.</p> <p>Partnership — Evidence—Authority of partner to bind partnership.</p> <p>In a suit against a firm, of which only two members were served and where the mouths of the immediate parties are closed by the death of the plaintiff, evidence of admissions of the firm’s liability, made by the members thereof who were not served, is admissible to charge the members of the partnership who were served with a debt contracted on behalf of said partnership by any of the partners in the ordinary course of 'business.</p> <p>Evidence — Memorandum of sale — Admission of indebtedness.</p> <p>A written memorandum of sale although not a book entry is admissible as evidence of an admission of indebtedness when identified and explained by adequate parol testimony.</p>