New York Court of Appeals April 10, 1888 (Bell v. . Merrifield)

Peckham, J.

We agree with the General Term of the Supreme Court in the view taken of this complaint by that learned court. It is said in the opinion there delivered that the action may

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be treated as one in the nature of a creditor’s bill in equity, requiring the defendant to account for the capital and profits which he, as a special partner of the firm of Merrifield & McDowell, had drawn out