Jordan v. Patrick

Supreme Court of Pennsylvania November 9, 1903

Jordan v. Patrick, 207 Pa. 245 (Pa. 1903)

56 A. 538; 1903 Pa. LEXIS 488

Brown, Dean, Fell, Mestrezat, Potter

Opinion of the Court

Per Curiam,

The decree of the court below on motion to take off the compulsory nonsuit directed to be entered at the trial, is fully sustained by the opinion of the trial judge filed.

There would be but little of substance left in the act of April 6, 1870, if on the meagre evidence of plaintiff he was permitted to recover against the special partners.

All the assignments of error are overruled and the judgment is affirmed.

Reference

Status: Published
Syllabus: Partnership—Special partners—Act of April 6, 1870, P. L. 56. Where two persons under an agreement in writing lend money to a third to be used in the latter’s business, and agree to take in lieu of interest a specified share of the profits, and such persons do not hold themselves out as partners, nor participate in the management of the business, they cannot be held liable as general partners because the third person used the words “ and company” after his name, and told a creditor that the other persons were his partners.