Stolp v. Reiter

D1BELL, Justice.

Action to recover $18,346.06 claimed to be the balance due on the sale by the plaintiff to the defendant of his stock in the Rochester Grocer Company. The defendant pleaded payment. In addition he interposed a counterclaim in which he alleged that from January 1, 1920, to June 1, 1928, he and the plaintiff were jointly interested in an hotel business in Rochester and that the plaintiff withdrew $8,875 belonging to the defendant. For this sum he asked judgment. The reply admitted that the plaintiff and the defendant were jointly interested in the hotel business in Rochester;…