Legal Opinion

Silberberg v. Wember

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

Decided June 29, 1916PublishedCited by 2 opinions

Appeal by the defendants, Sam Wember and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 25th day of May, 1915, upon the decision of the court after a trial at the Kings County Special Term.

1Opinion of the Court

Thomas, J.:

The facts are free from any concealment and have been. Three men were in partnership under the name of the Favorite Embroidery and Novelty Company. They were Seidenstock, Wember and Kwestel. Seidenstock went out early in 1913. Then the shop was closed, as the remaining partners could not do business. They were owing some $1,200, including the judgment of the plaintiffs. They had no assets, save some machinery, and that was mortgaged and the security held or acquired by Diamond. In that situation Diamond foreclosed *718and bought in the machines. Then the men had nothing except their…

2Cited by2 opinions

  1. Crenshaw v. McKinleyCourt of Appeals for the Second Circuit · 1941
  2. Rowe v. DrohenDistrict Court, W.D. New York · 1917

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