Pierce v. Ten Eyck
Montana Supreme Court
Appeal from, First Judicial District, Jefferson County, The testimony was taken before a referee, who found the plaintiff entitled to judgment for the sum of $1,131.02. Judgment was rendered in accordance with the report of the referee, and defendant’s motion for a new trial was overruled by McConnell, C. J. The purchase by plaintiff of defendant’s interest in the copart-nership was made with full knowledge that there were omissions in the books, and with absolute knowledge…
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Appeal from, First Judicial District, Jefferson County, The testimony was taken before a referee, who found the plaintiff entitled to judgment for the sum of $1,131.02. Judgment was rendered in accordance with the report of the referee, and defendant’s motion for a new trial was overruled by McConnell, C. J. The purchase by plaintiff of defendant’s interest in the copart-nership was made with full knowledge that there were omissions in the books, and with absolute knowledge of the errors and omissions in the particular items upon which he recovered in this action. Plaintiff’s own testimony…
1Opinion of the CourtBlake, C. J.
Pierce brought this action to recover certain amounts which he alleged had been collected by Ten Eyck when they were copartners, and not entered upon the books of the firm, or accounted for. A referee was appointed to take the testimony, and his findings were adopted by the court. It appears that the copartnership continued from the fifteenth day of September, 1882, until the eighteenth day of March, 1886, when Pierce *352“ purchased the said defendant’s interest in said partnership and in the property, and resources and assets belonging thereto, paying the said defendant for his said interest…
2Cases cited2 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Rogers v. NicholsTexas Supreme Court · 1858
3Cited by4 opinions
- Grindrod v. Anglo-American Bond Co.Montana Supreme Court · 1906
- Riddell v. RamseyMontana Supreme Court · 1904
- Reed v. WoodSupreme Court of Oklahoma · 1942
- Silver v. ShoobCourt of Appeals of Georgia · 1920