Mentaberry v. Mentaberry

Coleman; J.,

concurring:

I concur in the order of affirmance. ■ The theory of appellant is that, being a partner, the privilege of closing up the affairs of the partnership vested in him. Unquestionably this general rule is well recognized and has been incorporated into our statutory law (Rev. Laws, 6025; Yturriaga v. Cobeaga, 47 Nev. 59, 214 Pac. 27), but the question naturally arises in this connection if that right is not a mere privilege, which may be renounced or waived.

Let us look at the facts of this case: At the time of the death of Juan Mentaberry, the plaintiff was, and for eight…