Cullinan

Cullinan v. McColgan

Good Law
1927 Cal. App. LEXIS 57·87 Cal. App. 684·263 P. 353
Court of Appeal of CaliforniaDecember 20, 1927Docket No. 6016.California7,423 words

Opinion

Lead Opinion

Campbell, J.

Plaintiffs, engaged in the practice of law, sued defendant Reginald McColgan, as surviving member of a copartnership of which his deceased brother, Daniel A. McColgan, was the other member, for the reasonable value of professional services rendered by plaintiffs to the copartnership. The action was commenced August 19, 1922'. The copartnership is admitted by the pleadings and so is the fact that it was engaged in a general loan and brokerage business. It is also admitted that the copartnership business was done under the names of both partners and also of each partner.

In the first count of their third amended complaint plaintiffs allege that the partners, within two years immediately preceding the commencement of the action, became indebted to plaintiffs for services rendered, and that the reasonable value of such services so rendered within the two-year period was $28,525. In a second count of their third amended complaint plaintiffs alleged that within four years immediately preceding the commencement of the action the two McColgans, as copartners, became indebted to plaintiffs in the sum of $38,418.39, balance upon a book account for services and moneys advanced. A third…

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