Hausling v. Rheinfrank
Appellate Division of the Supreme Court of the State of New York
Appeal by the 'defendants, John Rheinfrank, Jr., and all the other defendants except John Rheinfrank, who died after the joinder of issue and against whose estate the action has not been revived, from an order of the Supreme Court, made at the New York Special Term, and entered in the office of the clerk of the county of Kew York on the 10th day of February, 1905, denying in part the said defendants’ motion to vacate an order for the examination of the defendants Shede and…
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Appeal by the 'defendants, John Rheinfrank, Jr., and all the other defendants except John Rheinfrank, who died after the joinder of issue and against whose estate the action has not been revived, from an order of the Supreme Court, made at the New York Special Term, and entered in the office of the clerk of the county of Kew York on the 10th day of February, 1905, denying in part the said defendants’ motion to vacate an order for the examination of the defendants Shede and Witz before trial.
1Opinion of the Court
Laughlin, J.:
On the 28th day of April, 1903, the plaintiff and the defendants Shede and Witz were copartners as dealers in second-hand building material, the interest of the plaintiff being two-thirds and of each of the other partners one-sixth. On that day the plaintiff, by an instrument in writing, transferred his interest in the copartnership assets and business to the defendant John Rheinfrank, Jr. It is alleged in the complaint that from the time of the transfer said Rheinfrank, Jr., John Rheinfrank and Katherine Hansling became associated with the plaintiff’s former partners and…
2Cases cited1 opinion
- Parks v. GatesAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Thompson v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908