Link v. Haire

This action was instituted by the plaintiff, a surviving partner, against the executrix of the will of Charles S. Haire, a deceased partner, for an accounting, predicated on a claim filed with and rejected by the executrix. After issue had been joined by defendant’s answer and plaintiff’s reply thereto, the cause was brought on for trial before the court without a jury. At the outset the defendant objected to the introduction of evidence on the' ground that the complaint fails to state facts sufficient to constitute a cause of action. The objection was sustained and thereupon judgment was…