Appellate Terms of the Supreme Court of New York, 1908

Thaler v. Blauner

Thaler v. Blauner
Appellate Terms of the Supreme Court of New York · Decided November 30, 1908 · MacLean
113 N.Y.S. 1148 (New York Supplement)
Thaler v. Blauner

Opinion of the Court

PER CURIAM.

Judgment affirmed, with costs.

Dissenting Opinion

MacLEAN, J.

(dissenting). The complaint herein should have been dismissed, as the plaintiffs showed neither .partnership nor joint right, to recover. Furthermore, the judgment was rendered, according to the return, β€œin favor of the plaintiff and against the defendant.” As the return discloses two plaintiffs and two defendants, the judgment should be reversed, and a new trial ordered, with costs to the respondents to abide the event.

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