Kleinschmidt v. Freeman & Barkley
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. This action was brought in the court below upon an account stated against the defendants as copartners. An action upon the same demand had theretofore been instituted by respondents against them as such copartners, upon the same demand, in a court of competent jurisdiction in this territory.
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Appeal from Third District, Lewis and Clarke County. This action was brought in the court below upon an account stated against the defendants as copartners. An action upon the same demand had theretofore been instituted by respondents against them as such copartners, upon the same demand, in a court of competent jurisdiction in this territory. Service only had upon Freeman; a judgment taken against both upon their joint liability, and an individual judgment rendered against the party served, in pursuance of the statute in such cases provided. Whether under this state of facts the present…
1Opinion of the CourtConger, J.
This was an action in the district court of Lewis and Clarke county upon an account for goods, wares and merchandise alleged to have been sold by plaintiffs’ assignees to the defendants Freeman & Barkley, at the town of Helena in said county, during the years 1873-4. The defendant Barkley answered and set forth that on the 6th day of July, 1876, the assignees of the claim and account mentioned in the complaint instituted an action for the recovery thereof in the probate court of Deer Lodge county against these defendants; that a summons was issued therein and. duly served upon the defendant…
2Cases cited5 opinions
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- In re ConnerCalifornia Supreme Court · 1870
- Mason & Hale v. Denison & DenisonCourt for the Trial of Impeachments and Correction of Errors · 1835
- People v. FrisbieCalifornia Supreme Court · 1861
- Sterne v. BentleyNew York Supreme Court · 1848
3Cited by1 opinion
- Farrington v. Buttrey Food & Drug Stores Co.Montana Supreme Court · 1995