Rutherford v. Darwin

I dissent.

Tom Darwin was the general partner of two limited partnerships — Rancho Village Partners, Ltd. and The Settlement, Ltd. Each business of the partnership was under the full and exclusive control and management of Darwin. Each partnership had a demand deposit account at the First National Bank. Rancho Village’s account number was 19138062; that of The Settlement was 393410222.

Plaintiffs Rutherford and Larkin were limited partners. Rutherford was Darwin’s father-in-law. The acrimony with which Rutherford attacked Darwin in deposition testimony casts serious doubt as to the credibility…