Krueger v. Speith
Montana Supreme Court
Appeal from the Third Judicial District, Gallatin County. The opinion contains the facts. ■ Is the surviving partner a representative person in the sense contemplated by law, witli regard to his duties and privileges. We think not. The trusteeship of the survivor is merely a fiction of law for the purpose of facilitating the settlement of the partnership.
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Appeal from the Third Judicial District, Gallatin County. The opinion contains the facts. ■ Is the surviving partner a representative person in the sense contemplated by law, witli regard to his duties and privileges. We think not. The trusteeship of the survivor is merely a fiction of law for the purpose of facilitating the settlement of the partnership. Section 533, second division, Complied Statutes, defines a representative person to be “ the duly qualified and acting executor or administrator, or administrator with the will annexed of the estate of the decedent.” For other authorities on…
1Opinion of the CourtDe Wolfe, J.
—The appellant (plaintiff) brought his action in the District Court against the defendant, as surviving partner of the firm of Speith and Krug, upon four promissory notes made by the firm prior to the death of Charles Krug, one of the members of the firm.
The plaintiff, at the time of bringing his action, also applied for a writ of attachment against the property of the defendant, *486and filed the affidavit and undertaking required by law, which were approved by the clerk, and an attachment issued against the property of the defendant. The record is silent as to what property was attached under…
2Cases cited5 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Williams v. . WhedonNew York Court of Appeals · 1888
- Theller v. SuchCalifornia Supreme Court · 1881
- Andrade v. Superior Court of CityCalifornia Supreme Court · 1888
- Bush v. ClarkMassachusetts Supreme Judicial Court · 1879
3Cited by10 opinions
- First National Bank of Butte v. SilverMontana Supreme Court · 1912
- Burchinell v. KoonColorado Court of Appeals · 1896
- White v. PrahlMontana Supreme Court · 1933
- Link v. HaireMontana Supreme Court · 1928
- Rinio v. KesterMontana Supreme Court · 1935
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