Taylor v. Castle

Citations

• 42 Cal. 367

Syllabus

<p>Mining Partnership—No Delectus Persons.—It is well established that in mining partnerships there is usually no delectus persones, and as a consequence that such a partnership is not dissolved by the death of a partner, or a sale of an interest by a partner to a stranger.</p> <p>Purchase oe Interest in Mining Partnership makes Purchaser a Partner.—As a sale of an interest in a mining partnership by a partner to a stranger does not dissolve the partnership, such stranger by his purchase presumptively becomes a partner, though he takes no part in the management of the partnership affairs, and does not hold himself out to the world as a partner.</p> <p>Contract oe Mining Partnership, where no Begulations or ByLaws—Usage.—Where a contract in writing purported to have been made by a mining partnership in its firm, name through its Secretary, and it appeared that such contract had been authorized by a vote of a majority of the shares at a meeting of the company, and after being signed by the Secretary had been ratified and approved in the same manner, and it further appeared that though there were no written regulations or by-laws the company usually did business in this way: held, that the recognized and established usage on the part of the firm should be taken as a part of the contract of partnership.</p> <p>What mat be Pleaded in Bab as Judgment in Fobmeb Action.— A judgment in a former action is well pleaded as a bar in a second action, provided the cause of action is the same, though the form of action has been changed.</p> <p>What is “Same Cause oe Action.”—A cause of action is said to be the same as that in a former suit where the same evidence will support both actions; and a judgment in such former action will be a bar, provided the evidence necessary to sustain a judgment for plaintiff in the second would have authorized a judgment for plaintiff in such former one.</p>