21 Pa. Super. 474 | Pa. Super. Ct. | 1902
Opinion by
This action was brought to recover the amount of two promissory notes made by Lance Sons. The only defendant served was Charles D. Lance, and against him alone was the issue tried. The plaintiff testified that the business, out of which the indebtedness arose, was transacted between himself and Charles D. Lance, who had represented that there was a firm doing business under the style of Lance Sons, of which he, Charles D. Lance, was a member; and that the notes in suit had been delivered to him by the said Charles D. Lance. He then offered evidence which, if believed, established that there was a definite amount due and owing upon the notes. This evidence was sufficient to sustain a verdict and judgment against Charles D. Lance; and there being no pretense that the firm had complied with the provisions of the 13th section of the Act of April 14, 1851, P. L. 612, the defendant was not in position to take advantage of any misnomer, “ or the omission of the name of any member of the partnership, or the inclusion of the names of persons not
Let it be assumed, however, that the plaintiff was required to show a joint liability of all the persons named as partners. The testimony of the plaintiff and his witnesses would be that Charles D. Lance, at the time the plaintiff parted with his property, had represented that he was a member of the firm of Lance Sons. This representation alone was sufficient to charge Challes D. Lance as a partner ás between him and the person to whom the representation was made and who acted upon it. His liability was not dependent upon the truth or falsity of his representation. The question upon which the jury would have been called to pass was whether he made the representation. “ One who holds himself out as- a partner, on the faith of which others trust or enter into a contract with the firm, is responsible, although not a partner: ” Kirk v. Hartman & Co., 63 Pa. 97. The affidavit of Charles D. Lance was competent evidence as against him. It did not allege that he had not represented himself to be a partner; if it had done so,
The judgment is reversed, and a venire facias de novo is awarded.