Martin v. Smith
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District, for Ada County. Lion. Carl A. Davis, Judge. Action for an accounting. Judgment for plaintiff. Under secs. 7581, 7582, 7588 and 7590, C. S., it would be necessary for plaintiff to present his claim to the administratrix of the estate of F. H. Lemon, deceased, before he could recover or maintain his action in the ease at bar. (United States v. Hailey, 2 Ida. 22, 8 Pac. 263; McKay v. Joy, 2 Cal.
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APPEAL from tbe District Court of the Third Judicial District, for Ada County. Lion. Carl A. Davis, Judge. Action for an accounting. Judgment for plaintiff. Under secs. 7581, 7582, 7588 and 7590, C. S., it would be necessary for plaintiff to present his claim to the administratrix of the estate of F. H. Lemon, deceased, before he could recover or maintain his action in the ease at bar. (United States v. Hailey, 2 Ida. 22, 8 Pac. 263; McKay v. Joy, 2 Cal. Unrep. 639, 9 Pac. 940; Verdier v. Roach, 96 Cal. 467, 31 Pac. 554.) A clear distinction is made between an action to recover specific…
1Opinion of the CourtRice, C. J.
This is an action for accounting brought by respondent as administrator of the estate of N. C. Hiatt, deceased, against F. H. Lemon, surviving partner of the firm of Hiatt-Lemon. Lemon answered, and thereafter died during the pendency of the action. The action was continued in the name of his personal representatives. After the death of Lemon a stipulation was filed setting forth the facts. No other evidence was received. It was stipulated that Lemon, as surviving partner, paid a note given by Hiatt, and which he had signed as surety, amounting to $2,561.50, out of the funds of the…
2Cases cited13 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Lathrop v. BamptonCalifornia Supreme Court · 1866
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Lowe v. JonesMassachusetts Supreme Judicial Court · 1906
- Bradley v. ChesebroughSupreme Court of Iowa · 1900
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3Cited by13 opinions
- Kite v. EckleyIdaho Supreme Court · 1929
- Casady v. ScottIdaho Supreme Court · 1924
- Ashbauth v. DavisIdaho Supreme Court · 1951
- Cox v. St. Anthony Bank & Trust Co.Idaho Supreme Court · 1925
- Rexburg Lumber Co. v. PurringtonIdaho Supreme Court · 1941
8 more not listed; retrieve them via the Exa API.