Russell v. . McCall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March l'T, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March l'T, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. For some time prior to Feb. 21, 1880, one Schamu M. Moschcowitz and Miss Mary A. Russell were partners with ■equal interest in the dress-making business in Mew York city, under the firm name of Moschcowitz & Russell, having a place of business in Fifth avenue. On the day mentioned Miss Russell died in Mew York and left a will, which was…
1Opinion of the CourtPeckham, J.
The judgment which the plaintiff obtained in this action at Special Term is here assailed by the counsel for the defendant, Mrs. McCall, upon several grounds that will be alluded to in their order.
Fwst. The defendant claims that the executrix of Miss Russell, by commencing her action against the surviving partner to recover the decedent’s share of the partnership assets and in prosecuting the same to judgment, is barred from suing the surviving partner again, and joining with him Mrs. McCall upon the same cause of action. It is now asserted by counsel for defendant McCall that when the other…
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