Arnold

Arnold v. Arnold

Good Law
137 Cal. 291·1902 Cal. LEXIS 551·70 P. 23
Supreme Court of CaliforniaSeptember 13, 1902S.F. No. 2108.California1,299 words

Opinion

Lead Opinion

McFARLAND, J.

This is an appeal by plaintiff from a judgment in favor of defendants.

It is averred in the complaint that prior to and on July 10, 1896, plaintiff and the defendant H. B. Arnold were copartners carrying on a retail grocery business, and as copartners were owners of a stock of goods and groceries of a named value, and also, as such copartners, were owners of certain described pieces of real property, and also of certain shares in-certain loan associations; that on said July 10th plaintiff was sick, and for the purpose of enabling the defendant H. B. Arnold to alone freely handle said business and property without the active concurrence of plaintiff, and for the use' and benefit of the copartnership, plaintiff assigned, transferred, and conveyed by good and sufficient conveyances all of his interest in said business and property to said defendant. It is further averred that afterwards said defendant formed a corporation and turned over to it all the assets of said copartnership; and that prior to the commencement of this action said H. B. Arnold and said corporation, which is also made a defendant, refused, and still refuse, to recognize any interest of plaintiff in said business…

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