Miles v. Everson

Citations

• 123 Pa. 292
• 16 A. 473
• 1889 Pa. LEXIS 654

Syllabus

<p>‘(a) By the articles dissolving a partnership association, members retiring sold to the others the entire partnership property and. assets, the vendees covenanting to pay the “ indebtedness ” of the firm described as amounting to a certain sum, which indebtedness the vendees discharged.</p> <p>(b) Subsequently, a judgment was obtained against the partnership, in an action for negligence pending at the time of the dissolution, which - judgment was paid by the retiring members, on process issued, who then brought suit against the vendees for the amount thereof, upon their covenant in the articles of dissolution.</p> <p>1. In such case, whether the enforced liability was within the term, indebtedness, or, whether it was overlooked when the articles were executed, the liability of the vendees upon their covenant was discharged on the payment by them of the amount of the indebtedness stated in the articles, and beyond that there was no undertaking.</p> <p>2. The partners, as between themselves, being liable each to the others for a share of the enforced liability proportionate to his interest in the firm at the time it was incurred, the question whether such shares of the vendees were recoverable in this form of action, not being raised, is not decided.</p>