Logourl black

Holzman v. De Escamilla

Court of Appeal of California
195 P.2d 833 (1948)


Facts

James Russell, H.W. Andrews, and Ricardo de Escamilla (defendants) were partners in Hacienda Farms, a limited partnership. Russell and Andrews were limited partners and Escamilla was the general partner. Escamilla always conferred with Russell and Andrews on what crops to plant, and Russell and Andrews sometimes overruled him. Any checks drawn on Hacienda’s account had to be signed by at least two of the partners, meaning that Escamilla could not withdraw money on his own. Eventually, Russell and Andrews forced Escamilla to leave his job as manager. Hacienda Farms went bankrupt, and the bankruptcy trustee, Lawrence Holzman (plaintiff), sued all three partners on behalf of Hacienda’s creditors. The lower court ruled that Russell and Andrews, through their direct control of the enterprise’s operations, had become general partners. Russell and Andrews appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Marks, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 86,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,053 briefs - keyed to 161 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now