Mares v. Mares
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; W. II. Poornum, Judge. Action by Joseph Mares against Emma Mares, as executrix of the last will and testament of Frank Mares, deceased, and another. Judgment for defendants. Plaintiff appeals.
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Appeal from District Court, Lewis and Clark County; W. II. Poornum, Judge. Action by Joseph Mares against Emma Mares, as executrix of the last will and testament of Frank Mares, deceased, and another. Judgment for defendants. Plaintiff appeals. The demurrer to the amended complaint was sustained on the grounds that the same does not state facts sufficient to constitute a cause of action, and that a suit for an accounting by a surviving partner against the personal representative of a deceased partner will not lie. On the argument of the present demurrer no authorities were cited by counsel…
1Opinion of the Court
■MR. JUSTICE GALEN
delivered the opinion, of the court.
This action was brought by the plaintiff for a partnership accounting. The defendants are the widow and minor daughter of Frank Mares, deceased, the former being made a party individually, and as executrix of the last will and testament of the decedent. Judgment is sought against the executrix of the estate for moneys alleged to be due to the plaintiff, on a claim against the deceased partner, for cash advanced by the plaintiff over and above the amount of contribution made to the co-partnership by the deceased, and for money drawn by the…
2Cases cited16 opinions
- Theller v. SuchCalifornia Supreme Court · 1881
- State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921
- Maynard v. RichardsIllinois Supreme Court · 1897
- Silver v. EakinsMontana Supreme Court · 1918
- Boehme v. FitzgeraldMontana Supreme Court · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State ex rel. Murray v. WalkerMontana Supreme Court · 1922
- Esterly v. Broadway Garage Co.Montana Supreme Court · 1930
- Gaspar v. BuckinghamMontana Supreme Court · 1944
- In Re Rinio's EstateMontana Supreme Court · 1933
- Welcher v. HoustonMontana Supreme Court · 1924
19 more not listed; retrieve them via the Exa API.