Klinzing v. Blauw Bros.
New York Supreme Court
' Action by Emilie Klinzing, as administratrix, against Blauw Bros., Incorporated, and others. Judgment for plaintiff, except as against defendant J. Max Blauw, as to whom the complaint is dismissed.
Read the full summary
' Action by Emilie Klinzing, as administratrix, against Blauw Bros., Incorporated, and others. Judgment for plaintiff, except as against defendant J. Max Blauw, as to whom the complaint is dismissed. The plaintiff sues as administratrix of the estate of Louis Klinzing to compel the defendants to account to her for the business conducted by her husband in his lifetime, which she claims they have unlawfully appropriated and are now conducting under the name of Blauw Bros., Incorporated. Her husband was an experienced pharmacist, and conducted a drug store on Clinton Avenue South, in the city of…
1Opinion of the CourtRodenbeck, J.
[1] 1. Charles Blauw and the Blauw Bros., Incorporated, acquired no title to the Klinzing business from Mathilde Klinzing by virtue of any interest she had under the so-called trust agreement and the transfer from Charles Blauw. Briggs v. Davis, 20 N. Y. 15, 75 Am. Dec. 363; Grote v. Grote, 121 App. Div. 841, 106 N. Y. Supp. 986. Mathilde -was “trustee to receive the income and profits from the business” and to devote them to certain purposes, and the agreement was to become void when the “indebtedness which now exists or hereafter may exist between the first and second parties hereto shall…
2Cases cited16 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
- Perry v. Board of Missions of the Protestant Episcopal Church in the DioceseNew York Court of Appeals · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Lumbard v. Maglia, Inc.District Court, S.D. New York · 1985
- Cafritz v. Corporation Audit Co.District Court, District of Columbia · 1945
- In re the Estate of HarbeckNew York Surrogate's Court · 1931