McCahan v. Smith

Citations

• 9 Pa. Super. 318
• 1899 Pa. Super. LEXIS 29

Syllabus

<p>Statute of limitation pleaded — Proof to toll — Binding instructions.</p> <p>Where the statute of limitation is pleaded, it is incumbent upon the plaintiff to prove either an original obligation, or a new promise reviving a former obligation given, infra sex annos.</p> <p>There having been a dissolution of defendant firm, and the statute of limitation having been pleaded, where no debt could have been contracted, in the firm name, the defendant is entitled to binding instructions.</p> <p>Dissolution of partnership — Authority of surviver to contract — Statute of limitations — Revival by implied promise.</p> <p>The dissolution of a partnership puts an end to the authority of the surviving partner and operates as a revocation of all power to create new contracts ; hence, an express promise by a partner after a dissolution will not take the debt out of the statute of. limitations so as to make the co-partnership liable; nor can a revival of the obligation be implied from the fact that the surviving partner as subscriber to a newspaper was charged with knowledge of the publication of certain advertisements with the result of an implied promise of payment by the firm.</p>