Appellate Division of the Supreme Court of the State of New York October 22, 1908 (McKane v. Dady)

Gaynor, J.:

The action is for a balance due for erecting a building. The complaint alleged that the seven defendants were copartners; and in that way the plaintiff sought to hold them all, although his dealings were with only two of them, McKane (deceased) and Williamson. The action was begun in 1895 and tried in 1907. Three of the defendants had then died.