
    Augustus S. Houghton et al., Appellants and Respondents, v. Hector W. Thomas et al., Respondents, and Harry W. Mack, Appellant, Impleaded with Another.
    
      Partnership — accounting — fraud — action to set aside partnership accounting on ground, of fraud.
    
    
      Houghton v. Thomas, 220 App. Div. 415, affirmed.
    (Argued March. 30, 1928;
    decided April 13, 1928.)
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1927, unanimously affirming a judgment in favor of defendants-respondents, entered upon a dismissal of the complaint by the court on trial at Special Term and reversing a judgment in favor of defendant-appellant directed by the trial court on his counterclaim. The action was in equity to set aside an accounting made at the termination of a law partnership on the ground of fraud. It was alleged that during the partnership defendant Thomas rendered professional services for various clients and concealed that fact from his partners and during said period and since has collected large sums for his services for which he has never accounted.
    
      John E. Joyce and George A. Ferris for plaintiffs, appellants and respondents.
    
      George A. Spiegelberg for defendant-appellant.
    
      I. Maurice Wormser, Philip J. Dunn and Sumner B. Stiles for Hector W. Thomas, respondent.
   Judgment affirmed, with costs to the defendants-respondents against the plaintiffs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  