Clark v. Ritter

California Supreme Court

Clark v. Ritter

59 Cal. 669

CourtCalifornia Supreme Court

DecidedNovember 15, 1881

DocketNo. 7,840

StatusPublished

This text of 59 Cal. 669 (Clark v. Ritter) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Ritter, 59 Cal. 669 (Cal. 1881).

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Opinion

Ross, J.:

The Court below properly granted a nonsuit as to the defendant Hayward, because the proof on the part of the plaintiff showed that Hayward was not a partner at the time of the commencement of the action, nor at any time when the transactions occurred of which an accounting is demanded; and because the interest of Hayward in the premises had its inception prior to June 11,1878, after which time it was that the agreement was made out of which plaintiff’s claim for an accounting arises, and to which agreement Hayward was neither a party nor privy.

Judgment and order affirmed.

Myrick and McKinstry, JJ., concurred.

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Ross, J.:

The Court below properly granted a nonsuit as to the defendant Hayward, because the proof on the part of the plaintiff showed that Hayward was not a partner at the time of the commencement of the action, nor at any time when the transactions occurred of which an accounting is demanded; and because the interest of Hayward in the premises had its inception prior to June 11,1878, after which time it was that the agreement was made out of which plaintiff’s claim for an accounting arises, and to which agreement Hayward was neither a party nor privy.

Judgment and order affirmed.

Myrick and McKinstry, JJ., concurred.

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Bluebook (online)

59 Cal. 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-ritter-cal-1881.