Sheble v. Strong

Citations

• 128 Pa. 315
• 18 A. 397
• 1889 Pa. LEXIS 793

Syllabus

<p>1. Where a portion of the eaptial stock of a limited partnership, organized under the act of June 2, 1871, P. L. 271, is contributed in machinery, the recorded statement must show a schedule with a detailed description and valuation of the machinery, as required by the act of May 1, 1876, P. L. 89, otherwise the members will be liable as general partners.*</p> <p>2. The question is not one of good faith on the part of the members, nor of notice to creditors, nor whether the creditors had actual knowledge of the facts required to be set out in the recorded statement, but whether the members conformed to the law in their attempt to form a limited partnership.</p> <p>3. A prior judgment recovered against a limited partnership is not a bar to an action for the same demand brought against the members as general partners, because in the prior action the question of liability of the members as general partners is not involved, while in the latter it is the main question.</p>