PARTNERSHIPS, FRAUD – The Indiana Court of Appeals affirmed a ruling Lee & Urbahns brought by the estate of a company partner who died. The estate claimed the company failed to provide full accounting of business activity, converted the estate’s assets and committed fraud. J. Bradford found that the burden was on the estate to show why the estate should have access to all of the surviving partner’s personal financial records, and that the estate failed to meet that large burden. Estate of Lee v. Lee & Urbahns Company
The estate also failed to show how it was prejudiced by the admission of a certain deposition. Plaintiff was properly denied leave to recall a certain witness because the evidence that plaintiff claimed was newly discovered in fact was not new. The evidence was made available three years earlier.