Warriner v. Mitchell

Citations

• 128 Pa. 153
• 18 A. 337
• 1889 Pa. LEXIS 778

Syllabus

<p>1. As against purchasers and lien creditors, dealing with the owners of land on the faith of a recorded title, and without notice that it is different from what it appears of record, parol evidence is' inadmissible to show that although the land was conveyed to the grantees as individuals, yet it was held by them as partnership property.</p> <p>2. But as between the partners themselves, land treated by them as partnership property, especially if purchased and paid for with partnership money, is to be regarded as partnership assets, notwithstanding it was conveyed to the grantees as tenants in common; its character is largely a question of intention, which may be manifested in acts and declarations and be established by parol testimony.</p> <p>3. Wherefore, in an action against a surety upon a bond conditioned to indemnify a retiring partner against outstanding debts of the firm, it is admissible against the defendant to show that a judgment given by the members of the firm, to secure the purchase money of land conveyed to them as individuals, was one of the debts of the partnership and so treated by the parties to the bond.</p>