Lamberton v. McCarthy
Idaho Supreme Court
PETITION for writ of mandate. The so-called judgment heretofore entered is null and void, for the reason that it is not sustained by the pleadings, nor the findings of fact made by the court. In an action of this character no personal judgment can be rendered against a copartner until all the assets of the co-partnership have been sold and the proceeds derived therefrom distributed among the parties as their several interests may appear.
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PETITION for writ of mandate. The so-called judgment heretofore entered is null and void, for the reason that it is not sustained by the pleadings, nor the findings of fact made by the court. In an action of this character no personal judgment can be rendered against a copartner until all the assets of the co-partnership have been sold and the proceeds derived therefrom distributed among the parties as their several interests may appear. (Bates on Partnerships, sec. 973: Eosenstiel v. Gray, 112 111. 282, 286; Moran v. Mclnerney, 129 Cal. 29, 61 Pac. 575; Clark v. Hewitt, 136 Cal. 77, 68 Pac.…
1Opinion of the CourtMorgan, J.
Eugene W. Yeomans and Kirtland I. Perky instituted an action against Charles H. Lamberton, *711plaintiff herein, alleging, in substance, that on April 29, 1910, they, Lamberton and one Hill formed a partnership to deal in real estate, and that later Hill sold his interest therein to Lamberton, whereupon a new partnership agreement was entered into whereby the latter was to receive a commission of 5% upon all sales made by him, the actual expenses of advertising for sale and improving land owned by the partnership, and he was to be allowed a bookkeeper at a salary of $60 per month and other…
Also in this document: Concurrence.
2Cases cited9 opinions
- Zappettini v. BucklesCalifornia Supreme Court · 1914
- Marquam v. RossOregon Supreme Court · 1905
- Arnold v. SinclairMontana Supreme Court · 1892
- Costello v. ScottNevada Supreme Court · 1908
- Saint Michael's Monastery v. SteeleIdaho Supreme Court · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Idah-Best, Inc. v. First Security Bank of Idaho, N.A.Idaho Supreme Court · 1978
- Farmers Equipment Co. v. ClingerIdaho Supreme Court · 1950
- Kometscher v. WadeNebraska Supreme Court · 1964
- Doolittle v. MorleyIdaho Supreme Court · 1955
- Blaine County Natioanl Bank v. JonesIdaho Supreme Court · 1927
9 more not listed; retrieve them via the Exa API.