Rockwell v. Peck

Landon, J.:

The defendant contends that upon the complaint no recovery could be had against her, except upon an accounting in respect to the property in question and of the proceeds thereof, and of .the business carried on by Rockwell, Brisbin and Peck with it. We do not think this is so. The complaint, after reciting the details of the transactions resulting in vesting the title to the personal property in question in William W. Rockwell, the plaintiffs’ testator, and Daniel Peck, the defendant’s testator, alleges in substance that¡ in the spring of 1881, Rockwell and Peck were owners of the…