MacGeorge v. Chemical Mfg. Co.

Citations

• 141 Pa. 575
• 21 A. 671
• 1891 Pa. LEXIS 1107

Syllabus

<p>1. A sheriff’s return of a summons against a limited partnership, organized under the act of June 2, 1874, P. L. 271, as served by giving a true and attested copy thereof to a “ superintendent and agent ” of the company, and mating known to him the contents thereof, is a good return: Act of June 10, 1881, P. L. 115.</p> <p>2. A good return of service is conclusive upon the defendant; if it be false, the sheriff is responsible therefor. Moreover, a defective service is cured by the appearance of the defendant and the filing of an affidavit of defence. After that, it is too late for the defendant to allege he is not in court.</p> <p>3. In an action by a bona fide holder against a limited partnership, as the indorser of a note the proceeds of which were received by the company, an affidavit of defence averring that the secretary of the company had no authority to indorse the note for the company, is insufficient to prevent summary judgment.</p> <p>4. A member of a limited partnership suing the company upon a note indorsed by it, is not suing as a partner, but as a creditor; not for dividends or profits, but for a debt due by the company; and ail objection that, because the plaintiff is a member of the defendant firm, the action will not lie, is without merit.</p>