Kade v. Fireproofing & Contracting Co.

Interlocutory judgment and final judgment reversed upon the law and the facts and new trial granted, costs to abide the event. The finding of a copartnership is against the weight of the evidence, and is based in part upon the incompetent testimony of the plaintiff which impeached the title of the appellant derived from the deceased alleged copartner. We are also of opinion that these judgments cannot stand in the absence of the representatives of the estate of Geraerdts, and we, therefore, direct that they be brought in as necessary parties. (City Equity Co. v. Elm Park Realty Co., 135 App.…