Gratwick v. Smith

Headnote

Partnership — conversion — action by surviving partner to recover in conversion from, executor of deceased partner a sum of money paid in satisfaction of a partnership claim and deposited to account of decedent’s estate — judgment properly awarded, for one-half of amount with interest.

Gratwick v. Smith, 214 App. Div. 759 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 9, 1925, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was in conversion. It appeared that plaintiff was a surviving partner of a copartnership to which certain moneys were due and claimed that, under the partnership, he was personally entitled to one-half of the amount. Defendant, executor of a deceased partner, claimed that the whole amount was due his decedent’s estate, whereupon the money was paid to him, under an agreement that he should hold the same pending settlement of the question in dispute and he deposited the amount to the credit of the estate. Plaintiff thereupon claimed that as surviving partner he was

entitled to administer the fund and, although he admitted that there were no outstanding partnership obligations and that the only question was as to his right to one-half of the fund, brought this action to recover the whole thereof. He was awarded judgment for one-half the amount collected, with interest.