Clausen v. Puvogel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hpnry Puvogel, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of June, 1905, overruling the said defendant’s exceptions to the report of a referee didy appointed “ to hear and determine the issues raised by the pleadings herein, to take and state the account of Henry Puvogel of all copartnership dealings, * * * and to report what, if any thing, shall appear…
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Appeal by the defendant, Hpnry Puvogel, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of June, 1905, overruling the said defendant’s exceptions to the report of a referee didy appointed “ to hear and determine the issues raised by the pleadings herein, to take and state the account of Henry Puvogel of all copartnership dealings, * * * and to report what, if any thing, shall appear to be due from the said Henry Puvogel to the estate of the said Richard Holsten, deceased,” and confirming the said…
1Opinion of the Court
Laughlin, J.;
The principal contention of the appellant is that lie should have been allowed the salary. It is urged that he continued the business in good faith; that he did not deny that he was continuing it for the benefit of the estate of the deceased partner, as well as for himself, and that as he made a substantial profit in which the estate of his deceased partner shares equally, it is but equitable that he should be allowed compensation for his services. Hpon the facts presented, there is no room for questioning the appellant’s good faith in continuing the business and it would seem…
2Cases cited14 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Gilmore v. . HamNew York Court of Appeals · 1894
- Riddle v. WhitehillSupreme Court of the United States · 1890
- Mayer v. Mayor of New YorkNew York Court of Appeals · 1875
- King v. . LeightonNew York Court of Appeals · 1885
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3Cited by5 opinions
- In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Judicial Settlement of the Account of FroelichAppellate Division of the Supreme Court of the State of New York · 1907
- Greenslete v. FergusonAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of KinreichNew York Surrogate's Court · 1930
- Germann v. JonesAppellate Division of the Supreme Court of the State of New York · 1927