Ryon v. Wynkoop

Citations

• 148 Pa. 188
• 23 A. 1002
• 1892 Pa. LEXIS 944

Syllabus

<p>Partnership — Balance admitted to be due — Attachment execution.</p> <p>Partnership transactions cannot be settled upon an attachment execution. If, however, the affairs of the partnership have been settled, and an admitted balance is due from one partner to another, this balance may be attached as in other cases.</p> <p>Admission of indebtedness — Question for jury.</p> <p>Plaintiff issued an attachment execution, alleging that a partnership Had existed between defendant and the garnishees, which had been dissolved, and that one of the garnishees had admitted to plaintiff that there was a balance due defendant on partnership account of $1,200. At the trial garnishees denied that there was anything owing by them to defendant. The court charged the jury that the only question for them to determine was whether the garnishees had made any acknowledgment of indebtedness, instructing them that this question was not to be answered from the settlement of the partnership accounts, but simply upon whether there was any evidence that such acknowledgment of indebtedness had been made. ■</p> <p>Reid, not to be error.</p>