Assets Realization Co. v. Roth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip W. Roth, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 3d day of November, 1919, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 7th day of November, 1919, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 31st day…
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Appeal by the defendant, Philip W. Roth, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 3d day of November, 1919, upon the verdict of a jury rendered by direction of the court; also from an order entered in said clerk’s office on the 7th day of November, 1919, denying defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 31st day of October, 1919, allowing plaintiff three per cent of the sum of $35,298, namely, $1,058.94, as an additional allowance…
1Opinion of the Court
Kruse, P. J.:
This action is brought upon a covenant to save harmless and indemnify the German Bank, the plaintiff’s assignor, against loss sustained by it by reason of advances made pursuant to a liquidation agreement entered into between the Metropolitan Bank and the German Bank, by which the latter was to advance sufficient money to pay all depositors of the Metropolitan Bank in full and make advances for other purposes.
*813The Metropolitan Bank, as security for the advances, pledged all of its assets and property, and the German Bank agreed to use diligence to convert the assets as rapidly as…
2Cases cited4 opinions
- Assets Realization Co. v. . HowardNew York Court of Appeals · 1914
- Springer v. . BienNew York Court of Appeals · 1891
- Assets Realization Co. v. . RothNew York Court of Appeals · 1919
- Assets Realization Co. v. RothAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by2 opinions
- In re the Estate of HaggertyNew York Surrogate's Court · 1926
- In re the Estate of WellsNew York Surrogate's Court · 1925