232 F. 454 | 3rd Cir. | 1916
In the court below, Jacob S. Ke-bart, a citizen of New York, brought an action at law against Herman M. Arkin, a citizen of Pennsylvania, to recover $10,000 damages for the alleged wrongful termination of a written contract of copartnership between them. On the trial it appeared the firm was insolvent, and that the partnership had only ten days to run, when its assets were sold on an execution on a judgment obtained in the state court, for money due the defendant by the firm. After the plaintiff’s proofs disclosing the above facts were made, the court below granted a compulsory nonsuit, which it subsequently refused to take off, whereupon this writ was sued out.
“Partnership accounts must'be adjusted and settled and the liability of one partner to another ascertained by an action of account render or by a bill in equity.”
Finding no error in the court below granting and refusing to take off the nonsuit, its judgment is affirmed.