Von Keller v. . Schulting
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial deparment, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial deparment, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. On the 4th day of August, 1868, the defendant, Herman Schulting, was the owner of a stock of goods, and on that day sold the same to the firm of H. & A. Stursberg & Co. for the sum of $225,000. At the same time it was verbally agreed between them that Schulting should have one-third of the profits which might be realized from the sale thereof, after deducting therefrom the sum of $275,000. On the…
1Opinion of the CourtGrover, J.
The large amount involved in this action, the difference as to the law applicable to the facts found between the learned referee and the General Term of the Supreme Court, and the fact that the judgment of this court will he the final determination of the rights of the parties, impose upon the court the duty of a careful examination of all the questions properly presented for review here. The exceptions taken to the legal conclusions drawn by the referee from the facts found, present the question whether, assuming the truth of all such facts, the plaintiff was legally entitled to recover…
2Cited by2 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- James River National Bank v. HaasNorth Dakota Supreme Court · 1944