Woerz v. Schumacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ernst G-. W. Woerz, from a judgment of the Supreme Court, entered in the office of the cleric of the county of Hew York on the 1st day of December, 1898, upon the report of a referee.
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Appeal by the plaintiff, Ernst G-. W. Woerz, from a judgment of the Supreme Court, entered in the office of the cleric of the county of Hew York on the 1st day of December, 1898, upon the report of a referee. Plaintiff was a trustee of the Abingdon Square Savings Bank, for which a receiver was apj>ointed in August, 1876. This receiver brought certain actions against the plaintiff and other trustees, and on December 12, 1877, an agreement was entered into whereby these actions were discontinued and the claims compromised by the payment of an amount equal to thirty-five per cent of the gross…
1Opinion of the Court
Barrett, J.:(1) The learned referee found that under this .agreement the plaintiff was not entitled to retain, as against the receiver, interest either on the thirty-five per cent paid by certain of the trustees to the former receiver, or on the amounts disbursed by them from time to time in the management and care of the property. The reason he assigns is “ that the said agreement does not so provide, but provides for reimbursement only of the sums so paid.” This finding brings up the main question presented upon this appeal.
It must be admitted that the agreement in question does not…
2Cases cited4 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- Woerz v. . RademacherNew York Court of Appeals · 1890
- Reid v. President of the Rensselaer Glass FactoryNew York Supreme Court · 1824
3Cited by4 opinions
- In re HowardDistrict Court, N.D. New York · 1913
- People ex rel. Emigrant Industrial Savings Bank v. SextonAppellate Division of the Supreme Court of the State of New York · 1940
- County of Oneida v. First Citizens Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1942
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1906