Summary
holding a partnership liable for conversion embezzlement, fraud and deceit, misapplication of money or other wrongful conduct of partner or other agent if committed in actual or apparent scope of business
Summary of this case from In re Selheimer CoOpinion
May 3, 1962.
May 24, 1962.
Appeals — Review — Order granting new trial — Partnerships — Forgery by partner — Liability of innocent partner.
In this action of assumpsit by a bank against A and B, individually and as co-partners, in which it appeared that the partnership engaged in the business of buying and selling used motor vehicles and financed sales; that on 4 different occasions partner A presented to plaintiff bank partnership instruments bearing forged signatures of existing persons, in return for which plaintiff, following the customary practice, issued and delivered to A, cashier's checks payable to the order of the partnership; and it further appeared that a default judgment was entered against A, that upon the trial against defendant B, there was a verdict for defendant and the court below ruled that such verdict was so greatly against the weight of the evidence that to permit it to stand would be to uphold a miscarriage of justice, and awarded a new trial, it was Held that such order should be affirmed.
Mr. Justice BENJAMIN R. JONES and Mr. Justice COHEN dissented.
Before BELL, C. J., MUSMANNO JONES, COHEN, EAGEN and O'BRIEN, JJ.
Appeal, No. 201, Jan. T., 1962, from order of Court of Common Pleas of Blair County, March T., 1958, No. 1221 in case of The First National Bank of Altoona v. Alfred C. Turchetta and Arthur C. Turchetta, individually and as co-partners trading and doing business as Turchetta Bros. Order affirmed.
Assumpsit. Before HIMES, P. J., specially presiding.
Default judgment entered against Alfred C. Turchetta and verdict entered against plaintiff and in favor of defendant Arthur C. Turchetta, plaintiff's motion for judgment non obstante veredicto dismissed and plaintiff's motion for new trial against Arthur C. Turchetta granted. Defendant, Arthur C. Turchetta, appealed.
James M. Dente, for appellant.
Alexander A. Notopoulos, with him Martin Goodman, and Goodman Notopoulos, for appellee.
The order of the court below is affirmed on the opinion by Judge SWIRLES L. HIMES, specially presiding in the Court of Common Pleas of Blair County.
Mr. Justice BENJAMIN R. JONES and Mr. Justice COHEN dissent.