154 N.Y.S. 458 | N.Y. App. Div. | 1915
The complaint herein sets forth that on or about June 1, 1905, George Warrin, now deceased, and the defendant entered
Defendant interposed an answer admitting the allegations in the complaint as to the execution of the agreements in question, and also making certain denials. From the order denying his motion for judgment on the pleadings and from an order denying the resettlement thereof, the defendant now appeals. ■ We believe that the complaint set forth no cause of action against the defendant and that his motion for judgment on the pleadings should have been granted. The supplementary partnership agreement sets forth a clear and precise method of settling the interest of the deceased partner in the firm. It provides for the immediate devolution of the interest of the deceased partner upon the survivor and automatically creates in such an event a liability upon his part to pay the representatives of the deceased a fixed sum of $950. It was competent for the partners to determine the sum at which they
Ingraham, P. J., Clarice, Scott and Hotchkiss, JJ., concurred.
Order denying motion for resettlement reversed, with ten dollars costs and disbursements, and motion granted; order as resettled reversed, with ten dollars costs and disbursements, and motion for judgment on the pleadings granted, with ten dollars costs. Order to be settled on notice.