Rowland v. Estes

Citations

• 190 Pa. 111
• 42 A. 528
• 1899 Pa. LEXIS 990

Syllabus

<p>Partnership — Definition of dormant partner.</p> <p>A dormant partner is one who is unknown as such to those doing business with the firm; one who refrains from any active interference with the business.</p> <p>Partnership — Dormant partner — Notice of withdrawal.</p> <p>It is not necessary for a dormant partner to give notice of his withdrawal from the firm in order to relieve himself from liability for debts contracted afterward with persons who had never know'll that he was a partner.</p> <p>Partnership — Dormant partner — Evidence—Burden of proof.</p> <p>In an action against a partnership to recover for goods sold and delivered after a dormant partner had withdrawn, where it affirmatively appears that there had been business transactions between the plaintiffs and the firm before such partner’s withdrawal, the burden of proof is upon the dormant partner, if he would relieve himself from liability, to show that he was unknown as a partner to those who sold goods to the partnership.</p>