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Schwabe v. Herzog

144 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1913-11-28 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J.,

Contents
p. 1144
SCHWABE et al. v. HERZOG.
(Supreme Court, Appellate Division, First Department.
November 28, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Alfred J. Schwabe and another, formerly copartners doing business as Alfred J. Schwabe & Co., against Aladar Walter Herzog. From an order granting judgment for plaintiffs on the pleadings, defendant appeals. Affirmed. See, also, 157 App. Div. 672 , 142 N. Y. Supp. 652 . Barnett L. Hollander, of New York City, for appellant. Theodore K. McCarthy, of New York City, for respondents.

The order appealed from should be affirmed, with $10 costs and disbursements, with leave to the defendant to apply at Special Term to be allowed to serve an amended answer, upon presenting to the court an answer which sets up some defense to the complaint, on payment of costs in this court and in the court below.

dissents, on the ground that the allegations of the answer are sufficient to raise an issue, and that there is a good cause of action for a copartnership accounting alleged in the counterclaim.