Smith v. Irvin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Mary I. Smith and another, from a judgment of the Supreme Court in favor of certain of the defend^ ants, entered in the office of the clerk of the county of New York on the 25th day . of January, 1906, sustaining the said defendants’ demurrers to the second amended complaint and dismissing said complaint as to them, with notice of an intention to bring up for review iipon such appeal an intermediate order made at the.
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Appeal by the plaintiffs, Mary I. Smith and another, from a judgment of the Supreme Court in favor of certain of the defend^ ants, entered in the office of the clerk of the county of New York on the 25th day . of January, 1906, sustaining the said defendants’ demurrers to the second amended complaint and dismissing said complaint as to them, with notice of an intention to bring up for review iipon such appeal an intermediate order made at the. New York Special Term and entered in said clerk’s office on, the 19th day of January, .1906, striking out the supplemental and second amended complaint…
1Opinion of the Court
Clarke, J.:
This is an action to compel the defendants who are the personal representatives of surviving partners to account for the property of the partnership that they received as surviving partners. To the second amended complaint the defendants demurred among other things upon the ground that there was a defect of parties defendant, “ in the omission of Mary I. Burden and Susan I. Gray, parties to a certain agreement in said second amended complaint alleged to have been executed on or about May 1, 1895, which agreement the plaintiffs in said second amended complaint pray to have set aside…
2Cases cited1 opinion
- Smith v. IrvinAppellate Division of the Supreme Court of the State of New York · 1905