McGilvery v. McGilvery & Seeley, Ltd.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover a judgment for debt. Judgment for respondent. Under the peculiar conditions of the lease and of the obligation, it is not a current bill or an ordinary obligation of the firm. On this account the general authorities on the question of a partnership and the liability of a retiring partner will be of little assistance to the court.
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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover a judgment for debt. Judgment for respondent. Under the peculiar conditions of the lease and of the obligation, it is not a current bill or an ordinary obligation of the firm. On this account the general authorities on the question of a partnership and the liability of a retiring partner will be of little assistance to the court. It also appears that the lease was kept in the safe with the insurance policies and other similar documents, Was at no time concealed…
1Opinion of the CourtStewart, C. J.
— This action was brought by the appellant against the respondent for the purpose of recovering a sum of money paid by the appellant upon a judgment rendered against appellant by a lessor upon a ivritten lease, wherein it is claimed that the respondent, as assignee of the lessee, assumed the liability under said lease. The cause was tried to the court and findings of fact, conclusions of law and judgment rendered in favor of the respondent. A motion for a new trial was made and overruled. This appeal is from the judgment and from the order overruling the motion for a new trial.
The sole…
2Cases cited7 opinions
- Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
- Bloom v. LofgrenSupreme Court of Minnesota · 1896
- Marks v. ChumosSupreme Court of Kansas · 1910
- Bogan v. Roy & TitcombArizona Supreme Court · 1906
- Cobb v. BenedictSupreme Court of Colorado · 1900
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