1 Wend. 532 | N.Y. Sup. Ct. | 1828
By the Court,
Evertson sued Westerlo in the mayor’s court, in the city of Albany, to recover half the amount of a judgment obtained against the plaintiff and defendant, as attornies, for clerk’s fees, charged to them jointly as practising attornies.
It was contended that no action at law would lie, as the matter in controversy was a partnership concern. The recorder held, that the action will lay by one co-defendant
Judgment reversed ; venire de novo to Albany mayor’s court.