Legal Opinion

Macfadden v. Jenkins

North Dakota Supreme Court

Decided March 6, 1918PublishedCited by 20 opinions

Appeal from the judgment of the District Court of Cass County, Honorable Chas. A. Pollock, Judge. One partner cannot sue bis copartner on an overdraft of the nature here presented, until their mutual accounts are settled by liquidation of the partnership Devore v. Woodruff, 1 N. D. 143; Gleason v. White, 34 Cal. 258; Parsons, Partn, 3d ed. p. 293; Painter v. Painter (Cal.) 9 Pac. 450. “A partnership interest is one owned by several in partnership for partnership purposes.”

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Appeal from the judgment of the District Court of Cass County, Honorable Chas. A. Pollock, Judge. One partner cannot sue bis copartner on an overdraft of the nature here presented, until their mutual accounts are settled by liquidation of the partnership Devore v. Woodruff, 1 N. D. 143; Gleason v. White, 34 Cal. 258; Parsons, Partn, 3d ed. p. 293; Painter v. Painter (Cal.) 9 Pac. 450. “A partnership interest is one owned by several in partnership for partnership purposes.” “The ownership of property by several persons is either of joint-interests, or partnership interests, or of interests in…

1Opinion of the CourtGrace, J.

Appeal from an order and decision of the district court of Cass county.

The substantial facts in the case are as follows: Hallett H. Jenkins died intestate August 20, 1908. Until about four years prior to the time of his death he was in partnership in the real estate and loan business with one Ellsworth, under the film name and style of Ells-worth & Jenkins. About four years prior to the time of Jenkins's death he and Ellsworth agreed to dissolve the partnership theretofore existing between them, since which time the partnership did no further business other than that which related to the…

2Cases cited21 opinions

  1. Cook v. JohnsonSupreme Court of Connecticut · 1879
  2. Dwight v. HamiltonMassachusetts Supreme Judicial Court · 1873
  3. Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
  4. Cowan v. . FairbrotherSupreme Court of North Carolina · 1896
  5. Rice v. AngellTexas Supreme Court · 1889

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3Cited by20 opinions

  1. Morgan Clark v. MillsapCalifornia Supreme Court · 1926
  2. Rettinger ex rel. Standard Oil Co. v. PierpontNebraska Supreme Court · 1944
  3. Ryan v. PlathWashington Supreme Court · 1943
  4. Engstrom v. LarsonNorth Dakota Supreme Court · 1950
  5. Matchan v. Phoenix Land Investment Co.Supreme Court of Minnesota · 1924

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