¶1The action being merely to recover possession of the bank book, there was no question presented to the court which justified it in entertaining an action for an accounting between the parties. The judgment must, therefore, be affirmed, with costs, without prejudice to an action by the defendant to determine whether there was a copartnership and for an accounting as between the parties. Present—Ingraham, P. J., Laughlin, Clarke, Scott and Dowling, JJ. Judgment affirmed, with costs, without prejudice to an action by the defendant to determine whether there was a copartnership and for an accounting as between the parties.
171 A.D. 893
Botassis v. Thanasules
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-11-15
<p>Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 6th day of April, 1915, upon a verdict, and also from an order entered on the same day denying a motion for a new trial.</p>
Decided 1915-11-15