Walcoff v. Bittker
New York Supreme Court
Appeal by the defendant from an interlocutory judgment of the City Court of the city of New York, overruling a demurrer to the amended complaint upon the ground of insufficiency.
1Dissent
Bijur, J. (dissenting).
The complaint recites a contract whereunder plaintiff’s intestate agreed with defendant that, whereas the former had invested $12,500 and the latter $6,000 in a piece of property (presumably standing in the name of both), all expenses and income should be shared equally; and that, if the property were not sold within one year from the date of the agreement, the former should receive six per cent, interest on the excess of her capital invested; and that the “surplus” (namely, profit) arising on a final sale should be divided equally,
It further alleges that the property…
2Cases cited8 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Emery v. . PeaseNew York Court of Appeals · 1859
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Wilcox v. PrattNew York Court of Appeals · 1890
- Schulsinger v. BlauAppellate Division of the Supreme Court of the State of New York · 1903
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