In Re the Estate of Baldwin
New York Court of Appeals
Appeal from a judgment entered upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, made December 18, 1900, which affirmed a decree of the Steuben County Surrogate’s Court in a proceeding to sell the real estate of Henry Baldwin, deceased, for the payment of his debts. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, made December 18, 1900, which affirmed a decree of the Steuben County Surrogate’s Court in a proceeding to sell the real estate of Henry Baldwin, deceased, for the payment of his debts. The facts, so far as material, are stated in the opinion. Henry Baldwin as an individual did not become obligated to Sabrina Warner by force of the certificates unless he agreed to vbe bound thereby. (Bedlow v. N. Y. F. D. Co., 112 N. Y. 263; Burger v. Burger, 111 N. Y. 523; Kennedy v.…
1Opinion of the CourtCullen, J.
The proceeding was brought to direct the sale of the real estate of Henry Baldwin, deceased, for the payment of his debts. The learned surrogate has found that in the year 1880 it was agreed between Henry Baldwin, the deceased, and one James Baldwin and one Sarah Weatherby that the said James Baldwin should operate a hank known as “ James Baldwin & Co. Bank,” he to furnish all the capital and to have all the benefits therefrom and neither said Weatherby nor said Henry Baldwin to have any of the profits1 of the-business. But to give the bank credit and to secure the payment of any creditors it…
2Cases cited3 opinions
- Pardee v. . FishNew York Court of Appeals · 1875
- Hotchkiss v. . MosherNew York Court of Appeals · 1872
- In Re the Judicial Settlement of the Estate of GrayNew York Court of Appeals · 1888
3Cited by4 opinions
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- Hughes v. BakerSupreme Court of Oklahoma · 1934
- Bingham v. Newtown BankIndiana Court of Appeals · 1918
- Irving Trust Co. v. ThacherNew York Supreme Court · 1963