Kittredge v. Grau

On Rehearing.

O’NIELL, O. J.

In the statement of this case, in the opinion rendered by Division B. (when this court was divided into divisions or sections), it was said that H. H. Waters was admitted into the firm as an equal partner with Kittredge, Grau and Bergen, after they had bought out Borelli with the partnership funds. That was a mistake. Waters was never a member of the commercial partnership, styled Borelli & Kittredge. It was when Borelli was “let out” of the partnership that the corporation was organized, and Waters came in as one of the four incorporators, paying cash to the…