Rowe v. Simmons

Citations

• 113 Cal. 688
• 45 P. 983
• 1896 Cal. LEXIS 842

Syllabus

<p>Partnership—Action for Dissolution and Accounting—Supplemental Complaint against Retired Partner—Dismissal.—In an action for a dissolution and accounting of partnership, a supplemental complaint against a former partner, who retired from the partnership five years before the action was brought, and twenty-one years before the supplemental complaint was filed, and who, when he retired, sold his interest to the remaining partner at an agreed valuation, is properly dismissed as to him, where the court finds, from the preponderance of evidence, that the partnership was dissolved, as to him, by consent at that time, and that he had never since been a member of it.</p> <p>Id. — Evidence of Dissolution — Decrees Foreclosing Mortgages. — Where the retiring partner, when he left the partnership, received, for the transfer of his interest to his copartners, a mortgage upon real property held by the partnership, and a chattel mortgage upon its personal property, and, in subsequent actions to foreclose these mortgages, the remaining partners defended, upon the alleged ground that he had fraudulently induced them to pay for his interest more than it was worth, the theory of their defense being that the partnership had been dissolved, and no attempt being made to set aside the dissolution, such decrees, and the mortgages upon which they are based are admissible, in a subsequent action against the mortgagee for dissolution and accounting of the partnership, as tending to show the fact of a dissolution of the partnership when the mortgages were given.</p> <p>Id.—Dismissal as to One Defendant—Finality of Judgment—Pend-ency of Action against Codefendants.— A final judgment of dismissal as to one defendant, in an action for a dissolution and accounting of a copartnership, is proper, when it is found that he is not a member of the partnership; and it is no objection to the finality of such judgment that it is not a final determination of the rights of all the parties, and that the a