Frazer v. Linton

Supreme Court of Pennsylvania November 8, 1897

Frazer v. Linton, 183 Pa. 186 (Pa. 1897)

38 A. 589; 1897 Pa. LEXIS 735

Cueiam, Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Pee Cueiam,

We find no error in the decree, or in the rulings of the court leading up thereto. The defendant’s offer, covered by the last specification, was rightly excluded for the reason that the proposed testimony was incompetent. On the facts, properly found by the court, there was no error in affirming the points quoted in the first three specifications, or in entering the decree set out at length in the fourth specification.

There is nothing in any of the questions presented by the record that requires, discussion.

Decree affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name: W. E. Frazer, Jr., W. Y. Parkinson and H. W. Strickler v. Robert J. Linton
Cited By: 6 cases
Status: Published
Syllabus: Evidence — Partnership—Declarations. On a bill in equity against a partner for an account where the partnership is denied, the declarations of the defendant made prior to any difference between him and the plaintiffs are not admissible at his call to corroborate the defendant’s testimony. Partnership — Division of profits — Presumption. On a bill in equity by one partner against another for an account where the evidence establishes the existence of the partnership, but no definite arrangement as to the division of the profits, the presumption at law is that the profits were to be equally divided.