Little v. Caldwell
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County. The facts are stated in the opinion of the court. A surviving partner stands to the estate of a deceased partner as a trustee. (Berson v. Ewing, 84 Cal. 89; Code Civ. Proc., sec. 1585; note to Canfield v. Great Camp of Maccabees, 24 Am. St. Rep. 186; note to Childs v. Hyde, 77 Am. Dec. 115; note to Shields v. Fuller, 65 Am.
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Appeal from a judgment of the Superior Court of Nevada County. The facts are stated in the opinion of the court. A surviving partner stands to the estate of a deceased partner as a trustee. (Berson v. Ewing, 84 Cal. 89; Code Civ. Proc., sec. 1585; note to Canfield v. Great Camp of Maccabees, 24 Am. St. Rep. 186; note to Childs v. Hyde, 77 Am. Dec. 115; note to Shields v. Fuller, 65 Am. Dec. 297.) A partnership continues after dissolution for the purpose of fulfilling previous engagements. (Johnson v. Totten, 3 Cal. 343; - 58 Am. Dec. 412; note to Western Stage Co. v. Walker, 65 Am. Dec. 789;…
1Opinion of the Court
De Haven, J.—
This is an appeal by the plaintiff from-a judgment rendered in favor of the defendant. The superior court sustained a demurrer to the complaint, and this ruling is assigned as error, and presents the general question as to whether or not the matters alleged in the complaint are sufficient to entitle the plaintiff to maintain the action.
The plaintiff is the widow of L. B. Little, deceased, and in this connection the complaint alleges, in substance, that at and prior to the death of said Little he and the defendant were partners engaged in the practice of the law, and that during…
2Cases cited4 opinions
- Denver v. RoaneSupreme Court of the United States · 1879
- Eggleston v. BoardmanMichigan Supreme Court · 1877
- Wright v. McCampbell & SonCourt of Appeals of Texas · 1890
- Phillips v. EdsallIllinois Supreme Court · 1889
3Cited by24 opinions
- Rosenfeld, Meyer & Susman v. CohenCalifornia Court of Appeal · 1983
- Robertson v. BurrellCalifornia Supreme Court · 1895
- Smith v. BullCalifornia Supreme Court · 1958
- Cazares v. SaenzCalifornia Court of Appeal · 1989
- Lyon v. LyonCalifornia Court of Appeal · 1966
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