Kessler v. Herklotz
Appellate Division of the Supreme Court of the State of New York
Appeal by Lawrence E. Sexton, as trustee, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day of March, 1909, directing him to pay costs awarded to the defendants by a judgment against the plaintiffs herein.
1Opinion of the Court
Laughlin, J.:
This action was brought to recover $35,000 and interest for moneys had and received. Upon the trial a verdict was directed for the plaintiffs, and the exceptions were ordered heard in the first instance at the Appellate Division, where judgment was ordered for the plaintiffs on the verdict. On November 19, 1907, this judgment was reversed by the Court of Appeals. (115 App. Div. 522; 190 N. Y. 24.) During the pendency ox the case on appeal in the Court of Appeals and on the 30th day of October, 1907, the plaintiffs made an assignment for the benefit of their creditors, and…
2Cases cited6 opinions
- Norton v. SwitzerSupreme Court of the United States · 1876
- Griffin v. Mutual Life InsuranceSupreme Court of Georgia · 1904
- Hahlo v. ColeAppellate Division of the Supreme Court of the State of New York · 1906
- Reade v. . WaterhouseNew York Court of Appeals · 1873
- Kessler v. . HerklotzNew York Court of Appeals · 1907
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3Cited by7 opinions
- Meyer v. FlemingSupreme Court of the United States · 1946
- Van Der Stegen v. Neuss, Hesslein & Co.New York Court of Appeals · 1936
- In Re Prudence Co.Court of Appeals for the Second Circuit · 1938
- Carroll v. HannonSupreme Court of Pennsylvania · 1927
- Shivell v. HurdCalifornia Court of Appeal · 1953
2 more not listed; retrieve them via the Exa API.