Rhodes v. Terheyden

Citations

• 272 Pa. 397
• 116 A. 364
• 1922 Pa. LEXIS 837

Syllabus

<p>Partnership — Practice, G. P. — Parties — Statement of claim — . Promissory notes — Presumption—Act of May Ilf, 1915, P. L. lf8S.</p> <p>1. Where a statement of claim shows that the action is against partners, it is not necessary to expressly aver a joint liability.</p> <p>2. In an action against partners, it is not necessary to aver that one of them had authority to borrow the money for which suit is brought, since, in the absence of express or implied notice to the contrary, it is presumed each partner is the agent of his copartners, authorized to borrow money for the firm and to give obligations therefor.</p> <p>3. Where a statement of claim avers that a note was drawn for the benefit of the firm, was endorsed by plaintiff as an aceommodation to the firm, was discounted for the firm, and the proceeds received by the firm, these are sufficient averments, so far as plaintiff is concerned, that the note did not come to the partnership in due course.</p> <p>4. Under such circumstances, one who makes or endorses a note may recover against the members of the partnership, if he is later compelled to pay the firm debt, even though the names of the partners did not appear on the obligation.</p> <p>Practice, O. P. — Statement of claim — Insufficient statement— Remedy — Rule for more specific statement — Motion for non pros— Act of May 14, 1915, P. L. 488.</p> <p>5. If a statement of claim does not conform to the provisions of the Practice Act of May 14, 1915, P. L. 483, the defendant should move to strike it off, as provided by section 21 of the Act.</p> <p>6. If a statement of claim does conform to the provisions of the Act of 1915, but is not sufficiently specific, the appropriate remedy is a rule for a moré specific statement followed by a motion for a non pros, if the court makes the rule absolute and its order is not complied with.</p> <p>7. The question to he decided under section 20 of the Act of 1915, is not whether a statement is so clear in both form and speci