Moses v. Powers

Citations

• 19 Pa. Super. 393
• 1902 Pa. Super. LEXIS 111

Syllabus

<p>Limited partnership association — Collection of debts by retiring partner —Construction of agreement.</p> <p>Two partners in a limited partnership association purchased the interest of the third partner, and all three signed the following agreement in writing: “December 24, 1895, to go out and collect my $338.78 debts, less discount, and get two per cent for collecting and not to share any profits from to-day or losses. And as soon as it all is collected then to get from firm his said $200, less his share of the losses, out of the $338 debts; also to get $10.00, when I require it, out of my $200.” The outgoing partner collected $238, and not paying it over immediately was arrested and convicted of larceny as bailee. He thereupon paid over the amount collected, and the remaining partners notified debtors not to pay to the outgoing partner, and in consequence he was unable to make further collections. He subsequently sued the remaining partners for the $200 which he was to receive. Held, thatas defendants.had prevented plaintiff from collecting the full amount agreed to be collected by him, they could not take advantage of his failure to collect, in order to prevent a recovery.</p>