Power v. Rees
Supreme Court of Pennsylvania
Power v. Rees, 189 Pa. 496 (Pa. 1899)
42 A. 26; 1899 Pa. LEXIS 677
Dean, Fell, Green, McCollum, Mitchell, Williams
Power v. Rees
Opinion of the Court
The opinion of the learned court below contains a very satisfactory statement of the reasons why a verdict for the defendant was directed by the court. It is not necessary to enlarge upon these reasons. It is quite enough to know that when the defendant had allowed a period of fifteen years to elapse, without filing a bill for a settlement of the partnership dealings, he certainly cannot be permitted to set up the want of such proceedings as a defense in the present action. We are entirely satisfied with the opinion of the court on the motion for a new trial, and on it we affirm the judgment.
Judgment affirmed.
Reference
- Full Case Name
- Thomas C. Power v. William M. Rees
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Partnership—Ships and shipping—Admiralty—Partnership settlement. Where a decree in admiralty is entered against several persons as joint owners of a boat, and one of them is compelled to pay the whole decree, he may enforce, by an action at law, contribution from the other owners; and they cannot set up as a defense that the plaintiff had been a partner with them in the business of the boat, and that there had been no partnership settlement, it appearing that the defendants themselves had not asked for nor demanded any such settlement for fifteen years after the partnership had been dissolved.