Legal Opinion

Boehme v. Fitzgerald

Montana Supreme Court

Decided April 22, 1911No. 2,969PublishedCited by 16 opinions

Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Elizabeth Boehme, as administratrix of John Boehme, against John Fitzgerald. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtJustice Holloway

This is an action to recover the sum of $7,311.50 and interest The complaint alleges that, prior to and at the date of the death *227of John Boehme, a partnership existed between Boehme, Roberts, and Fitzgerald; that the partnership property consisted of a certain mining lease; that Boehme owned seven-sixteenths of such-interest; that, from the death of Boehme, Roberts and Fitzgerald operated the property covered by the lease for fourteen months at a net profit, over all expenses, of $17,910; that Boehme’s estate was entitled to $7,836.50; that Fitzgerald -retained the portion belonging to…

2Cases cited5 opinions

  1. Higgins v. ArmstrongSupreme Court of Colorado · 1885
  2. Hawkins v. Spokane Hydraulic Mining Co.Idaho Supreme Court · 1891
  3. Doll v. Hennessy Mercantile Co.Montana Supreme Court · 1905
  4. Riddell v. RamseyMontana Supreme Court · 1904
  5. McMahon v. ThorntonMontana Supreme Court · 1881

3Cited by16 opinions

  1. Munsey v. Mills & GarittyTexas Supreme Court · 1926
  2. Croft v. BainMontana Supreme Court · 1914
  3. Mares v. MaresMontana Supreme Court · 1921
  4. Silver v. EakinsMontana Supreme Court · 1918
  5. Malano v. BressanMontana Supreme Court · 1926

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