Legal Opinion

In re Thieriot

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

Decided February 25, 1907PublishedCited by 8 opinions

Appeal by Josephine Crist Delmonico from a decree of the Surrogate’s Court of the county of Mew York, entered in said Surrogate’s Court on the 27 th day of December, 1906, revoking as to herself letters testamentary theretofore issued to her and Albert Thieriot jointly, and removing her as testamentary trustee- under the last will and testament of Eosa Delmonico, deceased.

1Opinion of the Court

Lambert, J.:

In the year 1901 a copartnership known as “ Delmonico’s ” existed for the purpose of carrying on a restaurant in the city of Mew York. . This partnership consisted of Eosa Delmonico* owning four-sixths parts; Josephine C. Delmonico, with one-sixth, and Lorenzo C. Delmonico, the remaining-one-sixth interest. The latter became the manager of the business. In 1993 it became known that Lorenzo C. Delmonico was heavily in debt,- and that he had overdrawn his account with the firm to the extent of $14,665.71. The copartnership was dissolved by mutual consent, Lorenzo C. Delmonico…

2Cases cited4 opinions

  1. Williams v. . WhedonNew York Court of Appeals · 1888
  2. Elias v. SchweyerAppellate Division of the Supreme Court of the State of New York · 1897
  3. Secor v. Tradesmen's National BankAppellate Division of the Supreme Court of the State of New York · 1904
  4. In re ScottAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by8 opinions

  1. In re Revoke the Letters Testamentary of EngelAppellate Division of the Supreme Court of the State of New York · 1913
  2. Reinhardt v. ReinhardtAppellate Division of the Supreme Court of the State of New York · 1909
  3. In re the Special Proceeding of KellerAppellate Division of the Supreme Court of the State of New York · 1911
  4. Board of Elections v. KeleherAppellate Division of the Supreme Court of the State of New York · 1908
  5. Doscher v. EngelAppellate Division of the Supreme Court of the State of New York · 1913

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