Majority
p. 742Catherine A. Pope, Resp't, v. Samuel A. Briggs, Assignee, Impl'd, App'lt. (Supreme Court, General Term, First Department, Filed January 13, 1893.)
Headnote
Assignment for creditors—Accounting—Death of assignor.Where one of a firm of assignors dies pending an accounting, and it does not appear that he had any individual property, the accounting will not he suspended on account of such death, as the surviving partner represents him so far as the firm’s rights are concerned.
Appeal-from order denying motion to suspend reference on an accounting by an assignee for creditors.
Pending the hearing before the referee, one of the assignors, who were partners, died, and the assignee claimed that the proceeding could not go on until the personal representatives of the deceased partner were brought in as parties.
Thomas Darlington, for app’lt;
Benjamin F. Fdsall, for resp’t.
It does not appear upon this application that the deceased, ever had any individual property, and, as far as the firm’s rights are concerned, the surviving partner represents him. The order should be affirmed, with ten dollars costs and disbursements.
Yan Brunt, P. J., O’Brien and Follett, JJ., concur.