CARLSON v. SAMUEL & CO.


28 Misc.2d 357 (1961)

John Carlson, as Administrator of The Estate of Elmer H. Carlton, Deceased, Plaintiff, v. Frank Samuel & Company, Inc., Defendant.

Supreme Court, Special and Trial Term, New York County.

March 30, 1961


Attorney(s) appearing for the Case

Frank & Fredricks (Lawrence W. Pollack and Frank O. Fredricks of counsel), for plaintiff. Curtis, Mallet, Prevost, Colt & Mosle for defendant.


HAROLD BAER, J.

This action brought for an accounting was submitted to the court on an agreed statement of facts. Findings of fact and conclusions of law were waived. The answer, in addition to denials of the allegations of the complaint, pleads payment and counterclaims at law for an alleged overpayment and for expenses of conducting the joint venture here involved.

During the years 1952 and 1953, the parties entered into a joint venture to purchase...

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