Commercial Bank v. Bolton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Commercial Bank and Menzo Yan Yoorhis, from so much of a judgment.of the Supreme Court, entered in the office of the clerk of the county of Monroe on the 14th day of August, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term, as dismisses their complaint on the merits as to Frederick A. Sherwood; also an appeal by'the defendant Catherine Bolton from the whole of said judgment.
Read the full summary
Appeal by the plaintiffs, Commercial Bank and Menzo Yan Yoorhis, from so much of a judgment.of the Supreme Court, entered in the office of the clerk of the county of Monroe on the 14th day of August, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term, as dismisses their complaint on the merits as to Frederick A. Sherwood; also an appeal by'the defendant Catherine Bolton from the whole of said judgment. The trial court found as a conclusion of law that the complaint should be dismissed as against-the defendant Frederick A- Sherwood, with costs. Second, that…
1Opinion of the Court
Hardin, P. J. :
Prior to August 2, 1893, Thomas Bolton had been carrying on a boot and shoe business and a manufacturing establishment of such *72articles; located at 93 Andrews street, in the city of Rochester. About that time he became ' embarrassed in his. business affairs and insolvent, and .on that day he executed the bill of sale and agreement mentioned in the complaint'.and referred to in the -findings of fact, made by the trial court, whereby, he sold the plant and the fixtures and assets in connection with the business to the defendants Catherine Bolton and Frederick A. Sherwood,. who…
2Cases cited7 opinions
- Starin v. . KellyNew York Court of Appeals · 1882
- Murphy v. . BriggsNew York Court of Appeals · 1882
- Stanley v. . National Union BankNew York Court of Appeals · 1889
- Auburn Exchange Bank v. FitchNew York Supreme Court · 1867
- Manchester v. . TibbettsNew York Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- New York County National Bank v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Hardin v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899
- Commercial Bank v. BoltonAppellate Division of the Supreme Court of the State of New York · 1897
- Hardin v. DolgeAppellate Division of the Supreme Court of the State of New York · 1899
- Henderson v. BrenneckeAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.