McConomy v. Reed

Citations

• 152 Pa. 42
• 31 W.N.C. 339
• 25 A. 176
• 1892 Pa. LEXIS 1165

Syllabus

<p>Master's finding of fact — Conchisiveness of.</p> <p>The rule that a master’s finding of fact is entitled to the same consideration as the verdict of a jury and will not be set aside unless clearly and palpably against the weight of the evidence, does not apply where the finding is a deduction from undisputed facts, or from uncontradicted and credible evidence.</p> <p>Partnership — Dissolution—Acquiescence—Bill for account.</p> <p>A partner who had overdrawn his account with his firm was requested to make it good but did not do so. A year later he was requested to withdraw. Prom that date until his death he had no business transactions with the partnership and made no claim upon it. Shortly after the death of his brother, who was a member of the firm, he solicited a loan from a surviving member, but made no demand or claim upon the firm effects. Meld, that there was a dissolution of the firm by acquiescence in the demand, and a bill for an account by legal representatives would be refused.</p> <p>Book entries — Evidence to explain.</p> <p>Where the entries in the firm books showed credits of dividends after the date of the demand for withdrawal, they may be explained by the testimony of bookkeepers that they were made as a matter of bookkeeping so as to gradually cancel the indebtedness.</p>