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Thaler v. Blauner

113 N.Y.S. 1148 Court N.Y. App. Term Decision date 1908-11-30 English

Decision Majority — PER CURIAM. · Dissent — MacLEAN, J.

Contents
p. 1148
THALER et al. v. BLAUNER et al.
(Supreme Court, Appellate Term.
November 30, 1908.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Jacob Thaler and Isaac Thaler against Julius Blauner and Isidor Blauner. Judgment for defendants, and plaintiffs appeal. Affirmed. B. Breitbart, for appellants. J. Wilkenfeld, for respondents.

Judgment affirmed, with costs.

(dissenting). The complaint herein should have been dismissed, as the plaintiffs showed neither .partnership nor joint right, to recover. Furthermore, the judgment was rendered, according to the return, “in favor of the plaintiff and against the defendant.” As the return discloses two plaintiffs and two defendants, the judgment should be reversed, and a new trial ordered, with costs to the respondents to abide the event.