Lowenstein v. Schiffer
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Louis Lowenstein and others, as executors, etc., of Isaias Meyer, deceased, against Herman Schiffer and Alfred Schiffer. From a judgment for plaintiffs, and from an order granting an extra allowance, defendants appeal.
1Opinion of the CourtO’Brien, J.
The theory upon which the learned referee proceeded was that the defendants Sehiffer 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 co-partnership permitting them to acquire the Meyer interest, whereby they lost their right to purchase such…
2Cited by4 opinions
- Cates v. CatesSupreme Court of Georgia · 1962
- In Re Randall's EstateWashington Supreme Court · 1947
- No., Colorado Attorney General Reports1984
- Schiffer v. LauterbachAppellate Division of the Supreme Court of the State of New York · 1899