Hintz v. Jackson

Bronson, Ch. J.

(dissenting). The complaint in this action alleges the former existence between the parties of a partnership; the dissolution of this partnership; the mutual agreement that either of the co-partners could collect debts due the firm. Further, that plaintiff had collected debts and sold assets of the firm; that defendant had collected large sums of money due the firm and had applied the same to his own use; that, further, the partners agreed that if the amount of the debts due the firm, when collected and applied, should not be sufficient to pay their indebtedness then each of…