Schwartz v. Stock
Nevada Supreme Court
Appeal from the Fifth Judicial District Court, Humboldt County; G. F. Talbot, Judge. Action by R. H. Schwartz, as surviving partner of the firm of Stock & Schwartz, against Wilhelmina Stock, as executrix of the estate of William Stock, deceased. From a judgment in favor of defendant, plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from the Fifth Judicial District Court, Humboldt County; G. F. Talbot, Judge. Action by R. H. Schwartz, as surviving partner of the firm of Stock & Schwartz, against Wilhelmina Stock, as executrix of the estate of William Stock, deceased. From a judgment in favor of defendant, plaintiff appeals. The facts sufficiently appear in the opinion. I. When two or more persons, upon an express or implied agreement, unite in a common fund their separate property, and thereafter contribute their services and money in fixed proportions to its management and control thereof, with a view to joint…
1Opinion of the Court
By the Court,
Massey, C. J.:
This action was instituted by the appellant on the 15th day of May, 1899, to recover the.possession of 5,000 head of sheep, of the value of $15,000. He bases his right to recover *142as the surviving partner of the firm of Stock & Schwartz, of which firm the testator, William Stock, died on the 25th day of November, 1898.
The appellant alleges in his complaint, among other matters, that he and the said decedent, on the..........day of -Time, 1890, entered into an agreement of copartnership to engage in, and under said agreement did engage in, the business of buying,…
2Cases cited28 opinions
- Sharon v. MinnockNevada Supreme Court · 1871
- Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
- Paul v. CragnazNevada Supreme Court · 1900
- Mitchell v. BrombergerNevada Supreme Court · 1866
- Allison v. HaganNevada Supreme Court · 1877
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