John J. Russell, as Administrator v. Laura S. McCall, as Executrix

Summary

The New York Court of Appeals affirmed the Special Term judgment that ordered an accounting and damages against the surviving partner and other wrongdoers for conversion of partnership assets, rejecting the General Term's reversal. The Court held that an unsatisfied judgment against one wrongdoer does not bar actions against other parties, that no merger of claims occurs, that laches does not apply, and that the trial judge acted correctly in entering final judgment.