Fitch v. Russell 48 N.Y. 672

A. I. Fitch, Respondent, v. John W. Russell, Appellant.

(Argued September 27, 1871;

decided January term, 1872.)

Plaintiff sought to recover a sum alleged to have been expended on joint account of himself and defendant in a, partnership transaction. Answer, a denial and counter-claim. The case was tried without objection to the form of action or shape of pleadings. Held, these questions could not be raised upon appeal.

F. J. Fiihicm, for the appellant.

E. P. Glo/rh for the respondent.