Marmaduke v. Brown

Citations

• 254 Pa. 18
• 98 A. 769
• 1916 Pa. LEXIS 676

Syllabus

<p>Partnerships — Liquidation—Accounting—Good will.</p> <p>1. Good will is property under certain circumstances; where, however, the members of a firm are all brothers and the firm name is that of the father, and where one partner dies leaving to survive him two brothers who undertake to liquidate the partnership, the surviving members of the firm cannot be charged with good will based on the business of the company for a number of years previous to the deceased brother’s death.</p> <p>2. In a suit in equity to compel the liquidating partners of a firm which had been composed of three brothers one of whom died, to account to the executrix of the deceased brother for such decedent’s share of the partnership assets, the lower court properly charged the defendants with the rent of the real estate which had belonged to the firm, with accounts owing the firm, and properly refused to charge the defendants with the good will of the business, although subsequent to the death of plaintiff’s decedent they had conducted the business under the firm name, where it appeared that by so conducting the business the rent from the property had been increased.</p>