154 Pa. 152 | Pa. | 1893
Opinion by
In this case the judgment was confessed by George W. Franklin against himself and Jacob D. Morris, partners doing business as the Franklin Blue Stone Company. Morris had nothing to do with the confession of the judgment and it was done without his knowledge or consent. In the case of Boyd v. Thompson & Coxe, 31 W. N. 473, [153 Pa. 78,] we considered the whole subject involved in the present contention, and decided that the judgment must be vacated as to the partner not consenting, but that it was available against the partner who confessed the judgment and against the firm if it was for a partnership debt.
The order of the court below is reversed as to the defendant Jacob D. Morris, and as to him the judgment is stricken off; as to the firm the judgment is opened as to the sum of one hundred dollars and rule to open discharged as to the remainder of the judgment, at the cost' of the appellee.