Squire v. Wing

James S. Brown", J.

Motion for an order under subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the amended complaint on the ground that it does not state facts sufficient to constitute a cause of action.

The amended complaint alleges that plaintiff and defendant’s testator were the sole partners of a certain partnership until the death of the testator on November 24, 1960, and it refers to a balance sheet and alleges that the estate of the testator owes plaintiff a certain sum consisting of a capital account overdraft plus one half of a partnership deficit. It further alleges…