London, Paris, & Am. Bank, Ltd. v. Smith
California Supreme Court
Appeal from a judgment of the Superior Court of San Mateo County, and from an order denying a new trial. The facts are stated in the opinion. The debts, liabilities, and obligations of a partnership are joint, and not joint and several. (Civ. Code, sec. 2442; Northern Ins. Go. v. Potter, 63 Cal. 157; Gray v. Palmer, 9 Cal. 616; 17 Am. & Eng.
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Appeal from a judgment of the Superior Court of San Mateo County, and from an order denying a new trial. The facts are stated in the opinion. The debts, liabilities, and obligations of a partnership are joint, and not joint and several. (Civ. Code, sec. 2442; Northern Ins. Go. v. Potter, 63 Cal. 157; Gray v. Palmer, 9 Cal. 616; 17 Am. & Eng. Ency. of Law, 1176; 1 Woerner’s Law of Administration, 287; Lindley on Partnership, sec. 597, note; Leake v. Lawrence, 11 Paige, 80; 2 Den. 577.) Upon the death of a partner, the surviving partners, and ultimately the last survivor, or his…
1Opinion of the Court
Haynes, C.—
The complaint alleges in substance that on the twenty-fourth day of August, 1885, Andrew Smith applied to the London, Paris, and American Bank, limited, to extend a credit accommodation to the firm of Harrington, and Smith, a copartnership which then, and until the death of Andrew Smith in January, *4171892, existed and carried on business at Seattle, in the present state of Washington, and to secure the same executed to the plaintiff, David Calm, a deed conveying to him. certain lands situate in the county of San Mateo, in this state, and at the same time, and as part of said…
2Cases cited6 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Bull v. CoeCalifornia Supreme Court · 1888
- West v. RandallU.S. Circuit Court for the District of Rhode Island · 1820
- Cassidy v. ShimminMassachusetts Supreme Judicial Court · 1877
- Milligan, Administrator of Milligan v. Milledge & Wife.Supreme Court of the United States · 1805
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bank of California v. Superior CourtCalifornia Supreme Court · 1940
- Westphal v. WestphalCalifornia Court of Appeal · 1943
- Pierce v. MerrillCalifornia Supreme Court · 1900
- Adams v. WallaceCalifornia Supreme Court · 1897
- Duerr v. SloanCalifornia Court of Appeal · 1920
9 more not listed; retrieve them via the Exa API.