Drapkin v. Klebanoff

• Decision Date: 11 May 1927
• Parties: DRAPKIN et al. v. KLEBANOFF.
• Court: New Jersey Court of Chancery

137 A. 432

DRAPKIN et al.

v. KLEBANOFF.

Court of Chancery of New Jersey.

May 11, 1927.

(Syllabus by the Court.)

Suit by Morris' Drapkin and another, executors of the estate of Ida Feigelstein, deceased, against Arthur Klebanoff for an accounting. Decree for complainants.

Israel B. Greene, of Newark, for complainants.

Milton M. Unger, of Newark, for defendant.

BACKES, Vice Chancellor. The complainants' testatrix and the defendant were equal partners, until the former's death, in newspaper routes, under an agreement that the defendant should do all the work and be responsible for all the debts and out of the profits pay his partner $18 a week. Complainants' testatrix died February 20, 1927, and the defendant carried on the business until April 8th, when it was sold by a receiver appointed in this suit and the proceeds were divided.

The present petition is for an accounting by the defendant for the profits of the business derived during the time he ran it, after his partner died, which, if allowed, it is agreed should be $18 a week. It is an established principle that where a partner continues the business after dissolution of the partnership he must account for the profits made after dissolution. Phillips v. Reeder, 18 N. J. Eq. 95, 99.

The defendant will be ordered to pay to the complainants the amount stipulated.