Sheldon v. Clews
New York Supreme Court
Appeal from a judgment entered on a verdict for the plaintiff, and from an order denying defendant’s motion for a new trial. This action was brought by Henry Sheldon and another, constituting the firm of Henry Sheldon & Co., against Henry Clews and Ernest Zeidler, constituting the firm of Henry Clews & Co., for moneys received on collections for the plaintiffs during the ten days preceding defendant’s failure. The answer denied the fraud, and set up a discharge in bankruptcy.
1Opinion of the CourtSmith, P. J.
The respondents, who were bankers in the city of New York, under the firm name of Henry Clews & Co., failed in business on October 2, 1874. They had been preceded by another firm of the same name, composed of the defendant Clews and Theodore Fowler, which firm had failed in September, 1873, and thereafter had carried on business in the name of “Henry Clews & Co., trustees,” until some time in January, 1874, when they dropped the designation of “trustees.” Fowler retired from the firm, and the defendants formed their firm of Henry Clews & Co. During all that time, the plaintiffs, who were…
2Cases cited4 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Kinsman v. New York Mutual InsuranceThe Superior Court of New York City · 1859