Majority
p. 579[No. 9719. In Bank. August 31, 1886.] JOHN McKAY, Appellant, v. ALONZO JOY, Administrator etc. of J. A. Joy, Deceased, Respondent.
Headnote
Partnership—Accounting—Surviving Partner cannot Maintain Action for. — A surviving partner cannot maintain an action against the personal representative of his deceased partner for an accounting of the partnership affairs.Appeal from a judgment of the Superior Court of Amador County.
p. 580
The facts are stated in the opinion of the court.
A. C. Brown, for Appellant.
Eagon & Armstrong, for Respondent.
Bill filed by a surviving partner against the administrator of his deceased partner for an accounting. The complaint alleged that there never had been any settlement or accounting between the plaintiff and the deceased before the death nor since with the defendant.
Section 1585 of Code of Civil Procedure gives' to the surviving partner ample power to take possession of the property of the partnership and wind up its affairs. It necessarily follows that he does not need the interposition of a court of equity to aid him in doing that which he has ample authority to do himself.
Judgment affirmed,
Thornton, J., dissented.