Freund v. Murray
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by I. D. Freund against Thomas J. Murray. Judgment for defendant, and plaintiff appeals. A partner has no more right to commit a tort as against his copartner than an utter stranger to the partnership.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by I. D. Freund against Thomas J. Murray. Judgment for defendant, and plaintiff appeals. A partner has no more right to commit a tort as against his copartner than an utter stranger to the partnership. Partners may sue each other on any matter not connected with thé partnership as freely, and in precisely the same way, as if they were not partners, for the plain reason that outside of the partnership business they are not partners. (Parsons on Partnership, 3d ed., 295; Bull v. Coe, 77 Cal. 54, 11 Am. St. Eep. 235,…
1Opinion of the CourtJustice Smith
The complaint in this action alleges that the parties are physicians and surgeons. On February 1, 1894, defendant and one Gillespie, a physician and surgeon, were partners in practice at the city of Butte. The principal business of the firm consisted in treating employees of divers mining corporations and industrial concerns. For the purpose of treating the employees aforesaid, the firm used, as a hospital, a certain building owned by the defendant Murray. The plaintiff, at the solicitation of Murray, purchased the interest of Gillespie in the partnership for $5,000, and the firm of Murray &…
2Cases cited16 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
- Spears v. . WillisNew York Court of Appeals · 1897
- Richards v. FraserCalifornia Supreme Court · 1898
- Howell v. HarveySupreme Court of Arkansas · 1843
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3Cited by4 opinions
- Knutson v. FredlundWashington Supreme Court · 1910
- Malano v. BressanMontana Supreme Court · 1926
- Kruse v. VollmarOhio Court of Appeals · 1992
- Salter v. CondonAppellate Court of Illinois · 1925