Schmuckler v. Green

Plaintiff appeals from an order and judgment whereunder he is required to pay costs to Katie Green, who originally was joined with her husband and one Kranass as defendants. The action was brought against them as copartners to recover the agreed price of goods, wares and merchandise. All of the defendants united in one answer and were represented by one firm of attorneys. At the opening of the trial, plaintiff’s counsel asked to discontinue the action as against Katie Green, without costs, saying that he was not prepared to prove that she was a member of the copartnership. The motion to…