Kaufmann v. Nolan

Defendant appeals from a judgment entered in favor of plaintiffs in this action between former partners. Plaintiffs sought to recover as assignees of the payee of a promissory note executed by plaintiffs and defendant as co-makers. As alternatives, plaintiffs sought indemnity or contribution. Defendant contends that the action is actually one between partners on a partnership debt and assigns error to the trial court’s denial of his motion for a directed verdict, made on the ground that plaintiffs were required to secure an accounting before they could maintain an action against him. We…