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A. W. JONES ASSOCS. v. McMULLEN

49 A.D.2d 720 (1975)

A. W. Jones Associates, Respondent, v. John J. McMullen, Appellant

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

September 25, 1975

Respondent shall recover of appellant $60 costs and disbursements of this appeal. The evidence adduced at trial was sufficient to show that the 2% charge upon funds withdrawn from the partnership in excess of the annual allowance was approved by the general partners. Furthermore, the amendment to the pleadings allowed by the Trial Justice did not change the theory of recovery or the amount of the ad damnum. It amounted to...

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