Scrantonian v. Brown

Citations

• 36 Pa. Super. 170
• 1908 Pa. Super. LEXIS 129

Syllabus

<p>Partnership — Dissolution—Release of retiring partner — Consideration —Act of April 14,1851, P. L. 612.</p> <p>A contract releasing one member of a partnership by a creditor of the partnership must be based upon a good and lawful consideration in so far as past indebtedness is concerned, but this rule does not apply to any future indebtedness which may have been created after notice of dissolution of the partnership was given to the creditor.</p> <p>Where on the trial of an issue which involves the distinction between past and future indebtedness, the court correctly distinguishes between the two classes in the general charge, but failed to do so in answers to points in which the distinction is not made, the failure to make such distinction in the answers is ground for reversal of the judgment.</p> <p>The Act of April 14, 1851, P. L. 612, providing for the filing of the names and location of the members of a partnership in the office of the prothonotary, applies only to persons who are actually members of the partnership, and does not apply to persons not members, nor preclude such persons from setting up the fact that no partnership existed.</p> <p>Where one of the defendants sued as a partner is in fact not a partner and this fact is admitted by the other defendants, the court cannot be charged with error in permitting the plaintiff after the trial to enter a nol. pros, as to such defendant nunc pro tunc as of the time of trial.</p> <p>Partnership — Evidence—Call of party as upon cross-examination— Witness — Act of May 23,1887, sec. 7, P. L. 158.</p> <p>Where in an action against three persons sued as partners the plaintiff calls one of the persons as upon cross-examination, under the Act of May 23, 1887, see. 7, P. L. 158, the other defendants are not precluded from examining the witness as to anything legitimately growing out of his cross-examination. The court therefore commits error if it shuts off the offer of another of the defendants to examine the defen