Alsberg v. Newgent

Headnote

Alsberg v. Newgent, 169 App. Div. 936 , affirmed.

Appeal from a judgment, entered July .21, 1915, upon an order of the Appellate Division .of the Supreme Court. in the first judicial department affirming an interlocutory judgment in favor of plaintiff entered.upon a decision of, the court on trial at Special Term in an action brought: for a .dissolution of the partnership, between the plaintiff and defendants,' and for an accounting in respect of the. partnership business. upon the ground that the business had sustained a loss of a substantial part of. its capital, and to continue the business would result in a greater loss and probably in the loss of the entire capital; that the defendants had after demand failed to contribute-their share of such losses, and that the business could no longer be carried on at a profit. The defendants, in addition to denying these allegations of the complaint, interposed a counterclaim alleging .that plaintiff had excluded defendants from possession of partnership books

and assets, and had, by the commencement of this action, committed a breach of the partnership' agreement.