Jones v. Marshall
Idaho Supreme Court
APPEAL from the District Court of tbe Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action by the administratrix of the estate of a deceased partner against the surviving party for an accounting and settlement of the affairs of the partnership, and for judgment and decree for the amount due the estate. Judgment for the plaintiff. A surviving partner is entitled to charge for expenses and services in carrying on firm litigation.
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APPEAL from the District Court of tbe Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action by the administratrix of the estate of a deceased partner against the surviving party for an accounting and settlement of the affairs of the partnership, and for judgment and decree for the amount due the estate. Judgment for the plaintiff. A surviving partner is entitled to charge for expenses and services in carrying on firm litigation. (30 Cyc. 697; Sterne v. Goep, 20 Hun, 396; Newell v. Humphrey, 37 Yt. 365; Congdon v. Callahan, 115 Tenn. 285,112 Am. St. 833, 89 S. W. 400,1…
1Dissent
STEWART, J.,
Dissenting. — I dissent in the statement of the case and the consideration of the same, and in the conclusion of the majority opinion. I am inclined to think that the majority opinion has failed to give proper consideration to the pleadings and evidence, and the court’s findings upon the questions involved upon this appeal and assigned as errors of the trial court, and which are specifically discussed both upon the facts and the law by counsel for appellant.
Counsel for appellant has assigned as error the court’s findings upon specific sums claimed to have been due for services and…
2Cases cited10 opinions
- Denver v. RoaneSupreme Court of the United States · 1879
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Roby v. RobyIdaho Supreme Court · 1904
- Spofford v. SpoffordIdaho Supreme Court · 1910
- Stoneburner v. StoneburnerIdaho Supreme Court · 1905
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