Goldsticker v. Goldsticker

On the dissolution of a copartnership by death of one partner, the executor of the latter is entitled in equity to an accounting and the payment of the amount so found. The complaint does not set out such a cause of action, and the objection being raised by demurrer, cannot be sustained on the ground that on the facts stated plaintiff might be entitled to maintain an action in equity for an accounting. Low v. Swartwout, 171 App. Div. 725; Logan v. Fidelity-Phenix Fire Ins. Co., 181 id. 624. An action at law for the recovery of the interest of one partner against the other cannot be sustained…