Friedman v. Blauner

188 A.D. 919

Opinion

Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Philbin, JJ.; Dowling and Smith, JJ., dissented on the ground that the offer of judgment in question was not executed as required by section 738 of the Code of Civil Procedure

* and that, having been executed by one member of the copartnership, it did not bind his partner, the other defendant, without proof of his authority being annexed thereto and accompanying the same, as required by the Code.

See Code Civ. Proc. §§ 738, 740.— [Rep.