Barclay v. Barrie

Ingraham, P. J. (dissenting):

This action was before this court on a former appeal from a judgment in favor of the defendant which was reversed and a new trial ordered (143 App. Div. 670). The nature of the action and the questions presented áre stated ip the opinion on the former appeal and do not need to be restated here. The copartnership agreement under which the parties to this action had continued business was executed on the 1st of January, 1904, and provided for the copartnership which continued under various extensions to January 1, 1910; that on or about the 7th of February, 1908, a…