Page v. Simpson

Citations

• 188 Pa. 393
• 41 A. 638
• 1898 Pa. LEXIS 622

Syllabus

<p>Partnership — Evidence of partnership.</p> <p>An agreement by two partners to pay fifty cents per thousand feet on timber manufactured by the firm to a third person, in consideration of the latter exercising a sort of supervision over the affairs of the partnership, and giving the partners the benefit of his counsel and advice in the conduct of their business, but not giving him a controlling voice in the direction of the business, nor permitting him to participate in its profits, does not make such third person a partner with the others.</p> <p>An agreement by a partnership to pay a certain sum per thousand feet on timber manufactured by the firm to a third person, in consideration of the latter indorsing the firm’s paper to an amount not exceeding a sum specified, does not make such third person a member of the partnership.</p> <p>Judgment — Confession of judgment — Partnership—Security—Fraud in law — Fraud in fact — Interest.</p> <p>A partnership may give a judgment note to a third person to secure the latter from loss by reason of future indorsements of the firm’s notes, and if the judgment note provides that judgment may be entered upon the insolvency of the firm, the payee may enter judgment for the full amount of the judgment note, issue execution and sell defendant’s real estate, although the notes indorsed by him aggregating the amount of the judgment have not as yet matured, provided they mature and are paid by him before the sheriff makes title to the property sold.</p> <p>Whore the payee of a judgment note, acting honestly and in good faith, and merely to secure and protect himsejf against loss, enters up a judgment note for an amount greater than the amount due him, and he does not claim or receive more than the amount actually due, the mere omission to enter credits on the judgment will not render it fraudulent and void as to other creditors of the maker.</p> <p>The fact that the prothonotary in entering up a judgment note marked “ interest from the