Wrightson v. Dougherty

5 Cal. 2d 257 ·

Supreme Court of California · Filed January 29, 1936

Published · citable Cited by 1

Holding

The court held that a surviving partner’s action to recover specific partnership property from the administrator of a deceased partner’s estate is an action at law for claim and delivery, not a suit in equity for an accounting, and is therefore subject to the three-year statute of limitations for replevin, which begins to run at the moment of the partner’s death.

Cited by (1)

ANN M. SHABRICK, Appellant, v. FLORENCE GENIEVE MOORE, as Executrix, etc., Respondent (1961) 195 Cal. App. 2d 56