McMahon v. Thornton
Montana Supreme Court
Appeal from Second Distinct, Deer Lodge County. 1. The complaint states a canse of action, in ordinary and concise language, and is sufficient both under the code, and as containing every essential averment of a bill in equity, to entitle the plaintiff to an accounting. Code of Civil Prac. secs. 81, 83, 98, 117. 2. The right to an accounting on the dissolution of a copartnership follows as a matter of course.
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Appeal from Second Distinct, Deer Lodge County. 1. The complaint states a canse of action, in ordinary and concise language, and is sufficient both under the code, and as containing every essential averment of a bill in equity, to entitle the plaintiff to an accounting. Code of Civil Prac. secs. 81, 83, 98, 117. 2. The right to an accounting on the dissolution of a copartnership follows as a matter of course. Story’s Equity, secs. 671, 672; Story, Part. 347, note 1, 348, 349; Pars. Part. 508-512; Boss v. Cornell, 45 Cal. 133; Nesbit y. Nash, 52 Cal. 540; Cottle y. Leitch, 35 Cal. 434; Prim y.…
1Opinion of the Court
Wade, 0. J.
This is an action in the nature of a bill in equity, wherein the plaintiff asks for an accounting as between partners and a sale of partnership property. There was a demurrer to the complaint, which was sustained, and the plaintiff appeals. We are called upon to pass upon the sufficiency of the complaint, which substantially alleges that the plaintiff and defendants, on and prior to the 26th day of November, 1878, were the owners as tenants in common of the Gagnon mine, situate in Summit Valley mining district, Deer "Lodge county; that the plaintiff’s interest in the mine was one…
2Cases cited3 opinions
- Smith v. SmithSupreme Court of Missouri · 1863
- Ozeas v. JohnsonSupreme Court of Pennsylvania · 1806
- Lower v. DentonWisconsin Supreme Court · 1859
3Cited by4 opinions
- Boehme v. FitzgeraldMontana Supreme Court · 1911
- Doll v. Hennessy Mercantile Co.Montana Supreme Court · 1905
- Porter v. Industrial Printing Co.Montana Supreme Court · 1901
- Malano v. BressanMontana Supreme Court · 1926