Appellate Division of the Supreme Court of New York, 1937

Kaiser v. Kaiser

Kaiser v. Kaiser
Appellate Division of the Supreme Court of New York · Decided December 17, 1937
252 A.D. 624; 300 N.Y.S. 641; 1937 N.Y. App. Div. LEXIS 5745

Counsel

J. T. Mahoney of counsel [A. L. Spitzer, L. Acker and E. Tuck, with him on the brief; A. Lewis Spitzer, attorney], for the appellant., Sidney I. Prager, for the respondent.

Kaiser v. Kaiser

Opinion of the Court

Per Curiam.

The interlocutory judgment directing defendants to file a verified accounting of the interest of Emanuel W. Kaiser in the partnership of Louis Kaiser & Co. as of January 4, 1930, the date of his death, we believe to be proper. However, due weight should be given to the report of the certified public accountants, Leslie Banks & Co., which was completed as at the close of business of October 31, 1929. That audit, which contains a balance sheet of the firm’s assets and liabilities and a schedule of each partner’s interest in the capital of the firm and in his individual accounts, was certified by the decedent as correct “ in every particular ” by letter dated November 18, 1929.

The judgment should be affirmed, with costs'.

Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.

Judgment unanimously affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.