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SQUIRE v. WING

17 A.D.2d 835 (1962)

Edmund M. Squire, Appellant, v. Thurber Wing, as Executor of Roger Williams, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 9, 1962

Order and judgment affirmed, with $10 costs and disbursements.

The general rule is that partners may not sue each other at law on any claim relating to the partnership unless there has been an accounting and balance struck or a promise to pay (Arnold v. Arnold, 90 N.Y. 580; Bankers Trust Co. v. Dennis, 256 App. Div. 495, affd. 282 N.Y. 635; Herrick v. Guild, 257 App. Div. 341). The amended complaint on its face reveals that there has been no such...

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