¶1The court cannot discover any substantial basis for the finding that, beyond the $1,000 invested by defendant, he contributed $740 which should be repaid him. His testimony shows definitely that he drew from the bank about that sum in excess of the $1,000. The parties should, upon a new trial of the simple questions involved, show how the account stood between the partners, what are the assets and what are the debts, inasmuch as a public accountant examined the books. The judgment is reversed and a new trial granted, costs to abide the final award of costs. Jeuks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred. Judgment reversed and new trial granted, costs to abide the final award of costs and order of reference vacated.
174 A.D. 875
Greve v. Graf
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1916
Appellate Division of the Supreme Court of the State of New York · decided 1916-06-15
Appeal by the plaintiffs from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 23d day of February, 1916, in favor of the defendant.
Decided 1916-06-15