Entered according to act of Congress, in the year eighteen hundred and seventy-seven, BY WILLIAM GOULD & SON, in the office of the Librarian of Congress, at Washington. Ree. Nov. 26, 1877 THE ARGUS COMPANY, PRINTERS AND STEREOTYPERS, ALBANY, N. Y. Attorney-General agt. Atlantic E. PAGE. 411 48 Mutual Life Insurance Co... 300 Eno agt. The Mayor, &c. ... ... 382 PRACTICE REPORTS. SUPREME COURT. WILLIAM A. COVERT agt. HERMAN HENNEBERGER. Action between partners - demurrer to complaint. In an action between partners, in order to justify a recovery in favor of the plaintiff for any "specific sum" there should have been a balance struck, or agreed upon, as due from the defendant to the plaintiff. An action for such balance cannot be connected with an action for "an accounting," unless there be in the complaint appropriate allegations. The court is justified in looking at the prayer for relief in order to ascertain the plaintiff's view of his own cause of action. Special Term, October, 1876. VAN VORST, J.-There are no allegations in the complaint sufficient to justify a judgment in favor of the plaintiff against the defendant for the sum demanded, or any sum whatever. The action being between partners, or late partners, in order to justify a recovery in favor of the plaintiff for any specific sum, there should have been a balance struck, or agreed upon, as due from the defendant to the plaintiff. No such balance could have been reached without an adjustment, in some way, of the copartnership affairs. Such balance could doubtless have been agreed upon without the process of a formal accounting. But the complaint comes far short of such agreement between the parties. The copartnership affairs have not been adjusted. Its property and liabilities must be ascertained and the affairs settled before it can be known how much of the firm assets and moneys, over and above his share thereof, the defendant has appropriated to his own use. Now this complaint is not constructed upon any basis which looks to a settlement of the copartnership affairs. But the plaintiff claims an absolute judgment in his favor for all copartnership moneys which the |