Kingsley v. Miller
Synopsis
When Settlement oe Account in Probate Court is a Bar. —The presentation of an account of the affairs of a partnership and of a claim against the estate, by the surviving partner of a deceased person, made to the administrator, and an allowance of the same, and a final settlement of the administrator’s account by the Probate Court, are a bar to an action afterwards brought against the surviving partner to settle the copartnership affairs, under the claim that the account rendered was fraudulent.
By the Court: The judgment must be affirmed. The facts alleged in the complaint are insufficient to avoid the bar arising upon the settlement (between the administratrix and the defendant as surviving partner) appealing to have been had in the Probate Court. (Williams v. Price, 11 Cal. 212.)
Judgment affirmed.
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