Lowenstein v. Schiffer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Herman Schiffer and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 9th day of May, 1898, upon the report of a referee, and also from an order made at the Hew York Special Term and entered in said clerk’s office on the 11th day of April, 1898, granting the plaintiffs an extra allowance of $2,000. The action was brought by the executors of the will of.
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Appeal by the defendants, Herman Schiffer and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 9th day of May, 1898, upon the report of a referee, and also from an order made at the Hew York Special Term and entered in said clerk’s office on the 11th day of April, 1898, granting the plaintiffs an extra allowance of $2,000. The action was brought by the executors of the will of. Isaias Meyer to ascertain the amount due from the surviving partners, Schiffers, to the beneficiaries of Isaias Meyer in…
1Opinion of the Court
O’Brien, J. :
The .theory upon which the learned referee proceeded was, that the defendant Schiffers had elected to purchase as of the 31st of May, 1893, and were bound by such election; 'and, upon the theory of a purchase, he proceeded to fix the interest of the estate of Isaías Meyer. , This was the theory upon which the plaintiffs elected to try the'cause, notwithstanding there were allegations in the complaint of a failure on the part of the Schiffers to comply with the provisions of the articles-of copartnership permitting them to acquire the Meyer interest, whereby they lost their right…
2Cited by4 opinions
- Cates v. CatesSupreme Court of Georgia · 1962
- In Re Randall's EstateWashington Supreme Court · 1947
- Lowenstein v. SchifferNew York Supreme Court · 1899
- No., Colorado Attorney General Reports1984