Petrakion v. Arbeely
New York Court of Common Pleas
Action by Arteen Petrakion against Najeeh J. Arbeely for an accounting as to the affairs of the partnership alleged to have existed between the parties. Plaintiff asked for interlocutory judgment directing the taking and charging of an account between the parties, and injunction restraining defendant from disposing of, or interfering in any way with, the real or personal property of the parties; also, that a receiver be appointed. Plaintiff demurs to the answer.
1Opinion of the CourtGiegerich, J.
Under the rule that a demurrer searches the record, defendant contends that the amended complaint herein may be successfully attacked for insufficiency, in that it does not allege performance of a condition precedent to plaintiff’s becoming defendant’s partner under the agreement set forth. This contention properly requires first consideration. The condition in question was the payment of $250 as a one-fourth contribution to the partnership capital, and, the complaint states, “when that was done, three-fourths of the printing establishment and newspaper should belong to the defendant and1…
2Cases cited4 opinions
- Van Rensselaer v. BriceNew York Court of Chancery · 1833
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Davidge v. MayoNew York Supreme Court · 1889
- Sargent v. Sargent Granite Co.New York Court of Common Pleas · 1893
3Cited by1 opinion
- Rush v. First Nat. Bank of AmarilloCourt of Appeals of Texas · 1913