Kiffer v. Bienstock

Upon the agreed statement of facts submitted to me, among other things appears the following: “In the partnership dissolution which is hereby offered in evidence, the assumption by the plaintiff herein to pay and discharge the firm obligations and liabilities aggregating $3,142.81 without contribution by the defendant herein, referred to merchandise creditors and did not refer to the claim in question. At the time of the execution of Exhibit 1 an action was pending against the plaintiff and the defendant in the City Court of the City of New York, wherein one Ruth Farkas, an infant, by David…