Legal Opinion

Duryea v. Lohrke

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1910PublishedCited by 1 opinion

Appeal by {be plaintiffs, Frances G. Duryea and .others, as executors, etc., from á judgment of the Supreme Court in favor of; the defendants, entered in the office of the' cleric of the county of Hew York ou the 20th day -of February, 1969,. upon the verdict.of á jury, also from an order entered. in .said clerk’s office on thb. same ■ day denying the plaintiffs’ motion for a new trial, made upon the minutes, and also from an order entered on the 16th day of March, 1909,…

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Appeal by {be plaintiffs, Frances G. Duryea and .others, as executors, etc., from á judgment of the Supreme Court in favor of; the defendants, entered in the office of the' cleric of the county of Hew York ou the 20th day -of February, 1969,. upon the verdict.of á jury, also from an order entered. in .said clerk’s office on thb. same ■ day denying the plaintiffs’ motion for a new trial, made upon the minutes, and also from an order entered on the 16th day of March, 1909, granting the defendants an extra allowance. - 1

1Opinion of the Court

Dowling, J. :

The firm of Irwin, Green & Co. was engaged in conducting a large grain and commission brokerage business at Chicago, in the State of Illinois, its commissions for the year 1903 being nearly $120,000. In the fall of that year it became financially embarrassed for various causes, and turned for assistance to William Duryea, who was the father-in-law of one of its members. In the latter part of that year the firm owed' Otto E. Loh-rke & Co. about 870,000,. the Bank of Montreal about .$70,000, Mrs. Boot about $60,000, and the customers of the firm about $70,000. With its affairs' in…

2Cases cited2 opinions

  1. Stebbins v. HallNew York Supreme Court · 1859
  2. King v. IsrealAppellate Terms of the Supreme Court of New York · 1897

3Cited by1 opinion

  1. Schwartz v. . CahillNew York Court of Appeals · 1917

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