Joseph v. Herzig
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simon Herzig, individually and as éxecutor, etc., from an order of the Supreme Court, made at the Mew York Special Term, dated the 29th day of January, 1909, and entered in the office of the clerk of the county of Mew'York granting the plaintiffs motion for the appointment of a receiver.
1Opinion of the Court
Scott, J.:
This is an action between the executrix and the executor of Philip Herzig, deceased. Plaintiff is his daughter. Defendant was-his brother and his partner in the firm of Herzig Brothers. As the estate consisted, mainly, if not entirely, of the interest of decedent in the copartnership, the defendant has assumed the active administration of the estate, and has apparently excluded the widow from participating therein. The defendant has. gone through the form of accounting in the Surrogate’s Court, but the plaintiff insists that he has failed to account for certain assets of which the…
2Cases cited1 opinion
- Slater v. . SlaterNew York Court of Appeals · 1903
3Cited by3 opinions
- Cohn v. WahnAppellate Division of the Supreme Court of the State of New York · 1909
- Dudley v. PlattNew York Supreme Court · 1909
- Joseph v. HerzigAppellate Division of the Supreme Court of the State of New York · 1909