Kimball v. McCornick

The plaintiff brought a suit in equity against the defendants as executors of the last will and testament of W. S. McCornick, deceased, for an accounting by the defendants of an alleged copartnership between the plaintiff and W. S. McCornick, deceased. At the conclusion of plaintiff’s evidence the defendant moved for a judgment of nonsuit in favor of the defendants and against the plaintiff, upon two grounds: (1) Insufficiency of the evidence to sustain plaintiff’s allegation that the plaintiff and W. S. McCor-"nick, deceased, had been copartners during the lifetime of W. S. McCorniek, as…