Overbeck v. Overbeck

Opinion by

Mr. Justice Linn,

Bernard Overbeck and his brother, George, were equal partners in the drug business in Philadelphia. Bernard’s death on May 26, 1944, dissolved the partnership. His widow became Ms administratrix and filed this bill against George, the surviving partner, for an accounting and other relief. Defendant answered and admitted that he was in possession “for the purpose of winding up the business.” He made a counterclaim on two judgment notes made by Bernard, aggregating $>5,000, both of which were due to George before Bernard’s death.

At the trial, December 6, 1944, counsel…