although cited by him. The opinion enunciates the doctrine fatal to his recovery at law before an accounting has been had: “Courts will not ordinarily entertain matters relating to partnership accounts between partners until, by its judgment or decree, a final adjustment of the partnership business can be effected.” The authorities fully sustain our decision that the plaintiff could not recover on the Bismarck deal until all the affairs of the partnership had been adjusted, and a balance reached; and in that case his action would not be to recover the profits of this particular transaction, but the final balance due him on settlement of all the paatnership dealings, of which this particular transaction was only a single item. 2 Bates, Partn. §§ 849-861, and cases cited; Arnold v. Arnold, 90 N. Y. 580; Ross v. Cornell, 45 Cal. 133; Bowzer v. Stoughton (Ill.) 9 N. E. Rep. 208.
We would say, further, as to the 80-acre tract near Fargo, that, if plaintiff's contention with reference to it is true—if it was in fact partnership property—then all dealings between the parties, as partners, with reference to this property, must go into the accounting between them, and the liability of either to the other is the balance which can be shown in favor of either after all partnership matters have been fully adjusted. The judgment is reversed and a new trial ordered. All concur.
Wallin, J., having been of counsel in this case did not sit; Templeton J., of the first district, sitting in his place.
The Travelers Insurance Company, Plaintiff and Respondent
v. The California Insurance Company of San Francisco, and the Phoenix Insurance Company, Defendants and Appellants.
1. Limitation of Time to Bring Action on Policy of Insurance.
Where a policy of fire insurance provides that action thereon must be brought within a specified time after the loss occurs, the limitation runs from the date of the fire, although, under other provisions of the policy the cause of action does not accrue until some time after the fire.
