Mares v. Mares
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; W. II. Poornum, Judge. Action by Joseph Mares against Emma Mares, as executrix of the last will and testament of Frank Mares, deceased, and another. Judgment for defendants. Plaintiff appeals.
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Appeal from District Court, Lewis and Clark County; W. II. Poornum, Judge. Action by Joseph Mares against Emma Mares, as executrix of the last will and testament of Frank Mares, deceased, and another. Judgment for defendants. Plaintiff appeals. The demurrer to the amended complaint was sustained on the grounds that the same does not state facts sufficient to constitute a cause of action, and that a suit for an accounting by a surviving partner against the personal representative of a deceased partner will not lie. On the argument of the present demurrer no authorities were cited by counsel…
1Opinion
On Motion for Rehearing.
2Opinion of the CourtJustice Galen
*55[4] *54On motion filed for a rehearing, it is earnestly urged and argued by counsel for the plaintiff that the complaint states a cause of action under the allegations of paragraph 3 thereof on the theory of a resulting trust, and the decisions of this *55court in the cases of Eisenberg v. Goldsmith, 42 Mont. 563, 113 Pac. 1127, and Huffine v. Lincoln, 52 Mont. 585, 116 Pac. 820, are cited and relied upon. This contention is without merit, as the plaintiff predicates his cause of action upon his individual rights, rather than those of the partnership. However, this is the…
3Cases cited6 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- In re Estate of MurphyMontana Supreme Court · 1920
- Eisenberg v. GoldsmithMontana Supreme Court · 1911
- Kaufman v. CooperMontana Supreme Court · 1908
- Huffine v. LincolnMontana Supreme Court · 1916
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