Mayer v. Wilson

Citations

• 242 Pa. 473
• 89 A. 685
• 1913 Pa. LEXIS 910

Syllabus

<p>Partnerships — Partnership by estoppel — Sharing of profits by employees — Manager of hotel business — Act of June 15,1871, P. L. 889.</p> <p>1. In an action against two alleged partners, as proprietors of a hotel, for the price of liquors sold and delivered, where the defense of one of the defendants was that he was not a member but merely a manager receiving in addition to his salary a portion of the profits, the case is for the jury where it appears that prior to the time of the sale, an application for a license to sell liquors at the hotel set forth that the defendants were partners, and had beneath the signatures of both defendants to the application the words “trading as” followed by the company’s name.</p> <p>2. Tbe Act of June 15, 1871, P. L. 389, entitled “An Act to Promote Industrial Partnerships” does not apply to the employees of those engaged in the sale of liquors and the management of hotels. The legislative intent was to confine the statute’s provisions to the business of manufacturing, or other business employing labor, as the use of that word is generally understood, and to enable employers of such labor to give additional compensation to their employees without making those employees liable for the indebtedness of the business.</p>