Romona Oölitic Stone Co. v. Bolger

Citations

• 179 F. 979
• 1910 U.S. App. LEXIS 5443

Syllabus

<p>1. Joint-Stock Companies (§ 15*) — Partnership Associations — Liability of Members.</p> <p>Members of a Pennsylvania partnership association are not individually liable for its debts.</p> <p>[Ed. Note. — For other cases, see Joint-Stock Companies, Cent. Dig. § 12; Dec. Dig. § 15.*]</p> <p>2. Judgment (§ 379*) — Opening—Associations—Suits Against Members.</p> <p>A judgment against individuals, obtained on the theory that on account of improper formation of a partnership association they were liable as general partners, will be set aside at the instance of members who had no' notice of the suit, and who did not authorize the attorney who accepted service and appeared, though no defense to the merits of the claim is set up; they being entitled to show that the company was a partnership association, for whose debts they are not individually liable.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent. Dig. §§ 717, 718; Dec. Dig. § 379.*]</p> <p>3. Partnership (§ 204*) — Suits Againsi^Service.</p> <p>Ordinarily, on suit against a partnership, all members must be served to make them individually liable; but service on one member expressly or impliedly authorized to represent the rest binds them.</p> <p>[Ed. Note. — For other cases, seo Partnership, Cent. Dig. §§ 376-381; Dec. Dig. § 204.*]</p>