Bliss v. Hornthal
Appellate Division of the Supreme Court of the State of New York
Appeal, in each of the above-entitled actions, by the defendants, Lewis M. Hornthal, and Gus Lewy, as trustee of the firm of Weiss Bros., from judgments of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of June, 1897, "upon the decision of the court rendered after a trial at the New York Special Term, holding the defendant Lewis M. Hornthal accountable for numerous sums of money, appointing a…
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Appeal, in each of the above-entitled actions, by the defendants, Lewis M. Hornthal, and Gus Lewy, as trustee of the firm of Weiss Bros., from judgments of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of June, 1897, "upon the decision of the court rendered after a trial at the New York Special Term, holding the defendant Lewis M. Hornthal accountable for numerous sums of money, appointing a receiver of the same, and directing the method of the payment of such moneys. ■
1Opinion of the Court
McLaughlin, J. :
These actions were brought to compel the restitution by the defendant Hornthal of certain moneys received by him from the firm of Weiss Bros., composed of the defendants Albert and Robert Weiss, and from the defendant Lewy, as trustee, for the benefit of certain preferred creditors of said firm. The plaintiffs in each action recovered judgment, from which the defendants Hornthal and Lewy have appealed. The legal principles applicable to and controlling upon us in disposing of the questions presented were settled and declared by the Court of Appeals in Baily v. Hornthal (154 N.…
2Cases cited5 opinions
- Griswold v. WaddingtonNew York Supreme Court · 1819
- Baily v. . HornthalNew York Court of Appeals · 1898
- Hubbard v. . MatthewsNew York Court of Appeals · 1873
- Merrill v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1896
- Briggs v. . Briggs and VoseNew York Court of Appeals · 1857
3Cited by4 opinions
- Fuhrmann v. von PustauAppellate Division of the Supreme Court of the State of New York · 1908
- Kittredge v. LangleyNew York Supreme Court · 1928
- Fuhrmann v. von PustauAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Accounting of PetzeNew York Supreme Court · 1899