Legal Opinion

Gleason v. White

California Supreme Court

Decided July 1, 1867PublishedCited by 12 opinions

Appeal from the District Court, Tenth Judicial District, Colusa County. The plaintiff and L. L. White were partners, engaged in farming and threshing grain. White died on the 22d day of August, 1864, and on the 13th day of September following letters of administration on his estate were issued to the defendant, V. H. White. On the 17th day of September following, the administrator published notice to creditors to present their claims within ten months.

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Appeal from the District Court, Tenth Judicial District, Colusa County. The plaintiff and L. L. White were partners, engaged in farming and threshing grain. White died on the 22d day of August, 1864, and on the 13th day of September following letters of administration on his estate were issued to the defendant, V. H. White. On the 17th day of September following, the administrator published notice to creditors to present their claims within ten months. On the 11th day of May, 1866, the administrator returned the plaintiff’s claim without his allowance indorsed thereon. This action was…

1Opinion of the Court

By the Court, Rhodes J.:

A partnership has an existence separate and distinct from that of the several partners and their respective estates. It has its own assets, debts and credits, and makes and performs its own contracts. The partners manage the concern (in the absence of special provisions to the contrary), collect its dues and pay its debts, for the benefit of the partnership. They do not become liable individually until the partnership makes default. While the partnership subsists, one or more of the partners may be indebted to it, or it may, on the other hand, be indebted to one or…

2Cited by12 opinions

  1. Theller v. SuchCalifornia Supreme Court · 1881
  2. State v. SpearsNew Mexico Supreme Court · 1953
  3. Freeman v. DonohoeCalifornia Court of Appeal · 1923
  4. Walker Drilling Co. v. Carlew Drilling ContractorsSupreme Court of Oklahoma · 1925
  5. Wilson v. MeyerUtah Supreme Court · 1901

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