Latz v. Blumenthal

Herman B. Blumenthal and Solomon Blumenthal were copartners, and the cause of action is based on a copartnership. contract. Both were named as defendants in the summons and complaint, but service of process was made on Herman B. Blumenthal only, who died without service having been made on the other defendant and before the action had been brought to trial. Subsequently to the death of Herman, however, the other defendant voluntarily appeared in the action. In his answer he sets up a separate defense, to the effect that the action abated on the *408death of Herman B. Blumenthal. Assuming this to…