Thomson

Thomson v. Langton

Good Law
1921 Cal. App. LEXIS 642·51 Cal. App. 142·196 P. 103
Court of Appeal of CaliforniaJanuary 22, 1921Civ. No. 3617.California1,976 words

Opinion

Lead Opinion

Kerrigan, J.

This is a suit for dissolution of a copartnership. Judgment went for plaintiff, and certain of the defendants appeal.

The only questions presented for determination are whether or not the evidence warrants a judgment of dissolution, and whether or not certain moneys paid upon a policy of insurance on copartnership property belong to plaintiff individually or to the copartnership.

Eleanor Jane Langton and John M. Langton, Jr., are mother and son, and they are the sister and nephew, respectively, of Matilda Thomson, the wife of the plaintiff. Lang-ton Jr. and his father had been conducting a sash and door business for some time in Los Angeles, but prior to the formation of the copartnership sought by this suit to be dissolved, Langton Sr. had transferred his interest to his wife and son. Langton Jr. and his mother, being in need of more capital in the business, the former approached his aunt, Mrs. Matilda Thomson, in January, 1916, with a request that she advance the necessary funds. Instead of consenting to make a loan, she agreed to take a one-third interest in the said business in the name of her husband and to pay the Langtons therefor the sum of $3,000. Thereupon articles of…

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