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Keller v. Keller

209 N.Y. 552 Court N.Y. Decision date 1913-10-21 English

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p. 552
Clotilde R. Keller et al., as Executors of and Trustees under the Will of Adolph Keller, Deceased, Respondents and Appellants, v. Hugo P. Keller, Individually and as Surviving Partner of the Firm of L. H. Keller & Co., and as Executor of and Trustee under the Will of Adolph Keller, Deceased, Appellant and Respondent.

Headnote

Keller v. Keller, 154 App. Div. 919 , modified.
(Argued June 19, 1913;
decided October 21, 1913.)
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January II, 1913, modifying and affirming as modified a judgment of Special Term in an action for a partnership accounting.
Alfred B. Cruikshank and W. G. Phlippeau for plaintiffs, respondents and appellants.
William H. Hamilton for defendant, appellant and respondent.

Judgment of Appellate Division modified so as to award a new trial, costs to abide event, on the authority of Bonnette v. Molloy ( 209 N. Y. 167 ).

Concur: Cullen, Oh. J., Werner, Willard Bartlett, Chase, Collin, Cuddebaok and Hogan, JJ.

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