Kelly v. Bank

—This is an action to determine the amount of the respective interests held by certain parties in a copartnership or joint venture. Plaintiffs sought an adjudication of partible ownership upon a basis of percentages as set forth in their complaint. Defendant Arthur Bank denied the material allega tions of the complaint and, by way of cross-complaint, sought adjudication on a different basis, as claimed by him, and, in addition, sought restitution of excess dividends alleged to have been paid to the other partners. Defendant Francis Tierney appeared by way of answer to the cross-complaint, but…