Legal Opinion

Gross v. Gross

Appellate Terms of the Supreme Court of New York

Decided February 15, 1899PublishedCited by 2 opinions

This is an appeal from a judgment of the General Term of the City Court of the city of New York, affirming a judgment of the Special Term, sustaining a demurrer to defendants’ counterclaims.

1Opinion of the CourtLeventritt, J.

It appears by the complaint that on the 24th day of April, 1896, one Isaac Gross died, leaving a will whereby the plaintiff and the defendant Lazarus Levy, were designated as executors, and that they subsequently qualified. It further appears that thereafter and on the 13th day of August, 1896, the executors sold and delivered to the defendants Ralmon Gross and Solomon J. Rosenbloom, certain goods, which were (C the property and part of the estate ” of the testator. These goods were not paid for upon demand and hence this action to recover the agreed value. Lazarus Levy having refused to join…

2Cases cited11 opinions

  1. Biddle v. WilkinsSupreme Court of the United States · 1828
  2. Merritt v. . SeamanNew York Court of Appeals · 1852
  3. Wyman v. MitchellNew York Supreme Court · 1823
  4. Thompson v. . WhitmarshNew York Court of Appeals · 1885
  5. Fry v. EvansNew York Supreme Court · 1832

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3Cited by2 opinions

  1. Leavitt v. Jas. F. Scholes Co.New York Court of Appeals · 1913
  2. Leavitt v. James F. Scholes Co.Appellate Division of the Supreme Court of the State of New York · 1911

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