Thursday, November 21, 2013

Girard Bank v. Haley case brief

Girard Bank v. Haley case brief summary
332 A.2d 443 (1975)


CASE SYNOPSIS
Appellant, administrator of the estate of a partner, sought review of the decision of a Pennsylvania trial court, which held that the partnership between appellant's decedent and appellee partners was dissolved by the death of appellant's decedent and distributed the partnership property according to the terms of the partnership agreement governing the rights and obligations of surviving partners.

CASE FACTS
Appellant, administrator of the estate of a partner, challenged the trial court decision, which held that the partnership between appellant's decedent and appellee partners was dissolved by the death of appellant's decedent and distributed the partnership property according to the terms of the partnership agreement governing the rights and obligations of surviving partners. Appellant claimed that decedent had terminated the partnership by her letter of termination sent to appellees and that the distribution of partnership property should be according to the Uniform Partnership Act, 59 P.S. §§ 95-105.

DISCUSSION

  • The court agreed, finding that the express will of decedent as evidenced in her letter was sufficient to dissolve the partnership. 
  • The trial court erred in requiring some justification for the dissolution. 
  • In addition, the court found that decedent's dissolution did not violate the partnership agreement because no term was specified and the agreement was not for a particular undertaking that had to be accomplished at a certain time. 
  • The court vacated the trial court's decree and remanded for redistribution of partnership party under 59 P.S. §§ 95-105.

CONCLUSION
The court vacated the trial court's decree distributing partnership property under the terms governing the rights and obligations of surviving partners. The decedent, whose estate was represented by appellant, had sent a letter terminating her partnership with appellee partners, so the partnership dissolved at that time and not upon her death. The court remanded for redistribution of property under the Uniform Partnership Act.

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