Blut v. Katz

The opinion of the court was delivered by

Clapp, S. J. A. D.

This action was brought by the executrix of Isaac Blut against his two surviving partners for, among other things, an account as to his interest in the partnership. The defendants have continued the business, acknowledging, it is said, an obligation to pay plaintiff whatever is found to have been the value of Blut’s interest as of his death. From a judgment awarding her a sum for the value of this interest, she appeals.

We deal with two points. The trial court held that the partnership estate is not a “fund in court” (R. R. 4:55-7(b))…