Morrison v. Curry

Citations

• 43 Pa. Super. 648
• 1910 Pa. Super. LEXIS 111

Syllabus

<p>Partnership — Case for jury — Evidence.</p> <p>1. In an action against an executor where the case turns on whether the testator was or was not a partner with his brother at a time when a certain loan was made to the alleged partnership, and the evidence on the subject is conflicting, the case is for the jury. In such a case the burden is upon the plaintiff to show that the claim was a partnership debt when it was created, or that it was subsequently assumed by the incoming partner.</p> <p>2. If one person, for the purpose of entering into partnership with another borrows money, and uses it in the partnership business, the debt does not thereby become that of the firm, unless expressly assumed.</p> <p>Evidence — Witness—Competency of witness — Party dead — Act of June 11,1891, P. L. 287.</p> <p>3. Where the plaintiff, an executor, calls witnesses to prove certain conversations that they had had with the defendant, and certain admissions he had made to them in the lifetime of plaintiff’s testator, the defendant is competent under the Act of June 11, 1891, P. L. 287, to contradict such testimony.</p>