Legal Opinion

Curry v. Roundtree

California Supreme Court

Decided July 1, 1875No. 4545PublishedCited by 3 opinions

Appeal from the District Court, Eighteenth Judicial District, County of San Bernardino. The complaint averred that in 1869 the three defendants formed a partnership in manufacturing Avine and brandy, to continue four years, and that it did continue four years, and that the business Avas transacted in the name of defendant White.

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Appeal from the District Court, Eighteenth Judicial District, County of San Bernardino. The complaint averred that in 1869 the three defendants formed a partnership in manufacturing Avine and brandy, to continue four years, and that it did continue four years, and that the business Avas transacted in the name of defendant White. That the plaintiff sold casks to the company, and White gave his note on the 3d. day of April, 1873, for the balance due, to wit, six' hundred and twenty-three dollars and sixty-five cents, with interest at one and a half per cent, per month. That the plaintiff did…

1Opinion of the Court

By the Court:

The three defendants are sued as copartners, one of them having executed to the plaintiff, after the dissolution of the partnership, his promissory note for the amount due from the firm. A separate judgment by default ivas entered against the maker of the note for the amount specified in the note and interest, and the court proceeded to try the cause upon the issues raised by the answer of the other defendants. After the findings were filed a judgment was entered against these two defendants for an amount different from that for which the judgment was rendered against the other…

2Cases cited1 opinion

  1. Stearus v. AguirreCalifornia Supreme Court · 1857

3Cited by3 opinions

  1. Cole v. Roebling Construction Co.California Supreme Court · 1909
  2. Mirabile v. SmithCalifornia Court of Appeal · 1953
  3. Weinreich v. JohnstonCalifornia Supreme Court · 1889

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