Legal Opinion
Hermes v. Compton
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1940PublishedCited by 15 opinions
1Opinion of the CourtJohnston, J.
This is an equity action for an accounting. The principal question to be determined is whether plaintiff has an adequate remedy at law to recover the moneys which she claims are due her as executrix of her deceased husband’s estate. If she has, the complaint must be dismissed.
*508The facts in the main are set forth in written documents. On January 15, 1933, defendants James K. Fraser, Bichard J. Compton and plaintiff’s deceased husband, Frank J. Hermes, entered into a partnership agreement to conduct a general advertising agency under the name of The Blackman Company. The partnership was to…
2Cases cited3 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Clark v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by15 opinions
- Gersten-Hillman Agency, Inc. v. HeymanAppellate Division of the Supreme Court of the State of New York · 2009
- Hasday v. BarocasNew York Supreme Court · 1952
- Tobias v. First City National Bank & Trust Co.District Court, S.D. New York · 1989
- Moen v. ThompsonNew York Supreme Court · 1946
- In re KarlinskiNew York Surrogate's Court · 1942
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