Weiss v. Hamilton
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Matilda Weiss, as administratrix of the estate of R. A. Weiss, deceased, against Julia F. Hamilton. From a judgment for plaintiff, and an order denying her a new trial, defendant appeals. To determine whether the relations between parties constitute a partnership, their intention in forming it governs.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Matilda Weiss, as administratrix of the estate of R. A. Weiss, deceased, against Julia F. Hamilton. From a judgment for plaintiff, and an order denying her a new trial, defendant appeals. To determine whether the relations between parties constitute a partnership, their intention in forming it governs. When the facts are given, this is a question of law, no matter what the parties call the contract. Their relation is controlled by the agreement. (Bates on Partnership, see. 17.) The intention of the parties will…
1Opinion of the CourtJustice Holloway
This is a suit for an accounting. The plaintiff recovered judgment, and the defendant appealed from the judgment and from an order denying her a new trial.
The complaint alleges: That the plaintiff is administratrix of the estate of R. A. Weiss, deceased; that on or about January 1, 1900, R. A. Weiss and this defendant entered into a copartnership, under the firm name of Weiss & Hamilton; that such copartnership continued until the death of Weiss, which occurred on January 21, 1906; that during the continuance of such copartnership valuable properties were acquired and were owned by the…
2Cases cited2 opinions
- Beasley v. BerryMontana Supreme Court · 1906
- Parchen v. AndersonMontana Supreme Court · 1885
3Cited by13 opinions
- Bender v. BenderMontana Supreme Court · 1965
- Croft v. BainMontana Supreme Court · 1914
- Simons v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Fleming v. Consolidated Motor Sales Co.Montana Supreme Court · 1925
- State v. GrimsleyMontana Supreme Court · 1934
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