Taylor v. Castle
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, Nevada County. This was an action to recover the sum of three thousand dollars, the contract price for building a mill, alleged to be due from defendants as a mining partnership, doing business at Grass Valley, Nevada County, under the firm name and style of the New York Hill Mining Company.
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Appeal from the District Court of the Fourteenth Judicial District, Nevada County. This was an action to recover the sum of three thousand dollars, the contract price for building a mill, alleged to be due from defendants as a mining partnership, doing business at Grass Valley, Nevada County, under the firm name and style of the New York Hill Mining Company. The defendants Castle and Seligman, in their answers, denied, among other things, that they or either of them were ever members of the partnership, or ever authorized or consented to the contract sued on, or were ever in any manner bound…
1Opinion of the Court
By the Court, Temple, J.:
It may be a matter of regret that our Courts have gone to the extent they have in excepting mining partnerships from the general law of partnerships. . It is very well established now, however, that in such partnerships there is usually no delectus persones, and from this difference many peculiarities arise, the principal of which is that the partnership is not dissolved by the death of a partner, nor as a consequence of *371a sale of an interest by a partner to a stranger. As, therefore, the sale of an interest to Seligman did not dissolve the partnership, I think by his…
2Cases cited1 opinion
- Carey v. The Phila. & Cal. Petrol. Co.California Supreme Court · 1867
3Cited by30 opinions
- Hind v. Oriental Products Co., Inc.California Supreme Court · 1925
- Brooke v. LoganIndiana Supreme Court · 1887
- Bissell v. FossSupreme Court of the United States · 1885
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Baker v. State ex rel. MillsIndiana Supreme Court · 1887
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