to the first Monday in January, 1875. The Constitution of 1873, abolished the office of Associate Judge in counties forming separate districts, and by the Act of April 9, 1874, P. L., 54, it was provided that the qualified electors of .. the County of Lancaster, constituting the Second District. .." should "at the next general election, in the manner prescribed by law for the election of President Judges, elect one person . . . learned in the law, to serve as an Additional Judge of the several Courts in . . . said district. In the fall of 1874, Judge Hayes, William Augustus Atlee and David W. Patterson became candidates for this office at the Republican primary elction, and David W. Patterson was nominated by a plurality of 473 votes over Mr. Atlee, the next highest candidate. Judge Hayes then became an independent candidate at the general election, but he was defeated. He then retired to private life, and died in his home on South Prince Street, this city, on July 13, 1875, at the venerable age of eighty-two. He lies buried in the graveyard adjoining St. James Episcopal Church, in this city. He served longer than any Judge who ever occupied a judicial position in this county, namely, six and a half years as Assistant Judge of the District Court, sixteen years as President Judge of that Court, and twenty years as Associate Law Judge of the Court of Common Pleas. His total service was forty-two and a half years.

DAVID WATSON PATTERSON.

David Watson Patterson was born in

on June 20, 1842. In 1847, he was elected as a Whig to the State House of Representatives, serving one term. and in 1853, he was elected to the office of District Attorney, for a term of three years. He was active in the organization of the Republican Party in 1856. In 1872, he was chosen a member of the Constitutional Convention, from the Ninth Senatorial District, and in the fall of 1874, was elected Additional Law Judge. The vote at the Republican primary election was: David W. Patterson, 5.078; A. L. Hayes, 880; William Augustus Atlee, 4.605; and at the general election, David W. Patterson, 9.514: A. L. Hayes, 7.035. His commission, by Governor John F. Hartranft, was dated December 3, 1874, and was for ten years from the first Monday of January, 1875. In 1884, he was re-elected for another term of ten years; but he died on February 21, 1892, in the seventy-seventh year of his age. His remains lie buried in Lancaster Cemetery, in this city.

(To be continued.)

Not All in Cash.

A lawyer was much addicted to lecturing his clerks, the office-boy coming in for an unusual share of admonition whenever occasion called for it, and sometimes when it did not. That it was duly appreciated was made evident one day when the lawyer overheard a conversation between his own office-boy and another on the same floor.

"Watcher wages?" asked the other boy.

"I get $10,000 a year," replied the Rapho Township, this county, just out-lawyer's boy.

side the limits of the Borough of Mount "I don't think," ejaculated the other Joy, on August 30, 1815. He was edu- boy, derisively.

cated at Lititz, and also took a prepara- Honest, I do," said Tommy, "$5 a tory classical course at Moscow Acad-week in cash, and the rest in legal ademy, Chester County, and at the Old Mil- vice!" ton Academy, Northumberland County. He entered Washington College (now Washington and Jefferson), and graduated there in 1839. He studied law under John R. Montgomery, Esq., and was admitted to the Bar of this county

NOTE: The last session of the Orphans' Court before adjournment for the summer vacation will be held on July 9th, 1914.

LANCASTER LAW REVIEW. I pose of carrying on the business of deal

ers in leaf tobacco, under the name of C. W. Bitner & Co., the partnership to

VOL. XXXI.] FRIDAY, JULY 8, 1914. [No. 35 continue for three years from the date thereof; the said Bitner agreed to furnish forty thousand dollars ($40,000) in

Common Pleas--Equity. cash, or as much more as he might deem

Newman v. Bitner.

necessary for properly carrying on the business, and the said Newman to contribute his services in the purchasing and selling of the tobacco, which services

Partnership Abrogation of Outside were to be considered the equivalent of

transactions by partner.

Bitner's investment; all profits to be equally divided and all losses equally borne; books of account were to be kept in which were to be entered full and exact accounts of all purchases, sales and transactions of the firm and were always to be open to the inspection of both parties, an account of stock was to be taken and an account settled once in every year and as much oftener as either parties might in writing request; the said Bitner was not to withdraw from the funds more than four thousand dollars ($4,000) per annum, and said Newman not more than eighteen hundred dollars ($1,800) per annum. Each party was to be allowed interest on his share of capital invested, and said Bitner agreed to furnish the use of his warehouse at an annual rental of nine hundred dollars ($900) per annum.

It was also provided that said parties should devote and give all their time to the business of said firm, and use their utmost endeavors to the best of their skill and ability to conduct the business for their mutual advantage, except what would be required of Newman under the other agreement in regard to the 1906 crop; and either party, in case of any violation of the covenants of the agreement, had the right to dissolve the copartnership immediately upon his becoming informed of such violation.

FINDINGS OF FACTS.-I. On the 9th day of January, 1908, George W. Newman, plaintiff, and Charles W. Bitner, defendant, entered into a copartnership for the sale of 1,957 cases more or less of the 1906 crop of tobacco, owned or controlled by said Charles W. Bitner; the articles of partnership providing that said Newman should receive for his services the sum of two hundred and eight and thirty-three one hundredth dollars ($208.33) each month, and traveling expenses, and one per cent of the net profits of the business. The partnership was to continue until the goods were disposed of, but not longer than one year from the date of the agree-bacco," under the name of C. W. Bitner,

ment.

2. Subsequently on the same day, January 9, 1908, the same parties entered into another co-partnership for the pur

3. On the 18th day of April, 1910, the same parties entered into another copartnership for the purpose of carrying on the business of "Dealers in Leaf To

the partnership to continue for three. years from April 18, 1910. Under this agreement Bitner, who was then the owner of a 1909 crop of tobacco, which

tobacco transactions, and bought and sold on his own account the crop of 1910, out of which he realized a profit of $4,762.33. The 1910 crop belonged to him and he was entitled to the profits realized therefrom.

8. Under this third agreement the crop of 1909, owned by Bitner, was taken over by the partnership. The crop consisted of 1,103 cases of wrappers and 101 cases of fillers. Of this crop 124 cases of wrappers and 15 cases of fillers have been sold, leaving on hand unsold in the possession of the partnership, as of De

He was associated with Peter Dommel, in the purchase and sale of the 1907 crop, doing business under the firm name of Dommel & Co., each partner having a one-half interest. When the crop was put up the same parties had on hand the crop of 1906 which they sold at a loss. Out of the sale of the 1907 crop they made a profit of $5,200, which was used by them in paying the losses sustained on the sale of the 1906 crop. They had both these crops of tobacco on hand at the same time, and carried the loss sus-cember 15, 1911, 979 cases of wrappers tained on the 1906 crop by notes in bank, which they paid off out of the profits of the 1907 crop. On the two transactions, which dove-tailed into each other, there were no profits.

In addition to these outside partnership transactions Bitner bought 2,227,302 pounds of 1907 leaf tobacco on commission for a company known as the R. J. Reynolds Tobacco Company. His commissions were one-half cent a pound. His profits on this transaction, less expenses, were $3,857.16. This tobacco was shipped to different points in the South during the spring of 1908, and consisted of a cheap grade of filler tobacco.

While the second agreement was still in force Bitner bought on his own account the 1909 tobacco crop, and became the owner of it, and when the third agreement was executed this crop was taken over into the new partnership, and Newman agreed to allow, and Bitner paid to himself by check out of the partnership, the sum of $450 for his services in buying the crop. Bitner was also interested in other outside tobacco dealings with Shirk, which had been entered into but not completed while the second agreement was in force, and Newman knew all this when the third agreement was entered into.

From January 1, 1908, to January 1, 1910, Newman was paid, or drew out of the business, $5,000, an average of $208.33 per month.

7. During the existence of the partnership under the third articles of agreement Bitner also carried on various outside

1

and 86 cases of fillers. The estimated weights of this tobacco at the date mentioned were 339,376 pounds of wrappers and 26,837 pounds of fillers. Since the above date a few boxes have been sold, but the expenses about equal the proceeds. There has been no profit realized out of this crop and there is no present market value for it. In the packing of this crop of 1909 tobacco Bitner invested something over $60,000.

The account of this crop of tobacco stands as follows: