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2 Monag. 180

Fifer v. Smyers

Supreme Court of Pennsylvania

Decided October 29, 1888

Supreme Court of Pennsylvania · decided 1888-10-29

Error, No. 171, Oct. T. 1888, to C. P. Butler Co., to review a judgment of compulsory non-suit, in an action of debt, by James Kifer against D. L. Smyers, S. A. Crittenton, R. B. Hawkins and V. Whitner, at March T. 1887, No. 23.

Decided 1888-10-29

Per Curiam,

¶1A reference to the plaintiff’s affidavit of claim will, of itself, show the rectitude of the judgment of the court below. The parties are thereby shown to have been partners; and, without a previous settlement and balance struck in favor of the plaintiff, he could not maintain an action of debt or assumpsit against his copartners.

¶2The judgment is affirmed.

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