Peters & Reed v. McWilliams

Citations

• 78 Va. 567
• 1884 Va. LEXIS 30

Syllabus

<p>1. Partners—Liability inter sese.—Where one partner receives partnership property for sale and sells same, and fails through no negligence or fraud on his part to collect the price thereof, he is not liable therefor to his co-partners.</p> <p>2. Idem—Liability of new partner for debts of old firm—Onus probandi. Person admitted into a firm does not ipso facto become liable for the firm’s debts. Such liability can be created only by special contract— the burden of proving which rests on the alleger thereof.</p> <p>3. Idem—Dissolution.—Admission of new partner, ipso facto, dissolves old firm.</p> <p>4. Appellate Court—furisdiction.—Where the amount in controversy exceeds the minimum jurisdictional sum, this court hath jurisdiction, though the judgment complained of be not in form, in solido, for that amount, but be divided into lesser sums payable to the persons respectively entitled thereto. In form, the judgment is several. In substance, it is in solido.</p>