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…
1Opinion of the CourtAilshie, C. J.
This action was brought by the plaintiff, as administratrix of the estate of Francis C. Jones, against John Marshall, as surviving partner of the law firm of Jones & Marshall. This firm had been in the practice of the law at Sandpoint, and upon the death of the partner Jones, the survivor Marshall was left with a large law business, consisting of general litigation; collections, insurance, and a considerable amount of real and personal property which had been acquired as fees in the law business and which was at the time partnership property. The action was for general accounting and…
2Cases cited8 opinions
- Denver v. RoaneSupreme Court of the United States · 1879
- Van Camp v. EmeryIdaho Supreme Court · 1907
- Roby v. RobyIdaho Supreme Court · 1904
- Parsons v. WrbleIdaho Supreme Court · 1911
- Spofford v. SpoffordIdaho Supreme Court · 1910
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3Cited by9 opinions
- Valdez v. SalazarNew Mexico Supreme Court · 1940
- Cofer v. HearneCourt of Appeals of Texas · 1970
- State v. HarriesUtah Supreme Court · 1950
- Walling v. WallingIdaho Supreme Court · 1923
- Black v. BlackIdaho Supreme Court · 1920
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