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RUZICKA v. RAGER

305 N.Y. 191 (1953)

Francis W. Ruzicka et al., Copartners Doing Business as "Ruzicka's", Respondents, v. Edward Rager, Appellant. Edward Rager, Appellant, v. Francis W. Ruzicka et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 9, 1953

Attorney(s) appearing for the Case

Lloyd Paul Stryker, Edward Rager, in person, and Harold W. Wolfram for Edward Rager, appellant.

David Haar for Francis W. Ruzicka and another, respondents, and Bernard H. Sandler for David Haar, respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

CONWAY, J.

The question presented for our determination is whether in an action to enforce a partnership claim, a counterclaim (here denominated "Third"), may be set up by which the appellant seeks to impose a "nonpartnership" liability against the partners (one of them a limited one) individually. There is a "Second" counterclaim, involving legal fees, which has been sustained as against the partnership but dismissed...

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