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TAYLOR v. RICHMAN

395 Pa. 162 (1959)

Taylor, Appellant, v. Richman.

Supreme Court of Pennsylvania.

March 16, 1959.

Attorney(s) appearing for the Case

Edwin O. Lewis, with him Wm. Barclay Lex, George F. Taylor, and Norris, Lex, Hart & Ross, and Taylor, McNaugher & Duerring, for appellant.

Thomas L. Anderson, with him Stephen I. Richman, and Goldfarb & Goldfarb, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and McBRIDE, JJ.

OPINION BY MR. JUSTICE BELL, March 16, 1959:

Plaintiff brought an action of assumpsit against defendant, one of his former partners, for his contribution to an alleged partnership debt, which plaintiff paid. The Court below sustained defendant's preliminary objections and dismissed the complaint, without prejudice to plaintiff's right to file a complaint in equity for this claim.

The question involved is not whether defendant has a just defense to the facts...

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