Legal Opinion

Schoenberg v. Mutual Profit Realty Co.

Appellate Terms of the Supreme Court of New York

Decided March 15, 1916PublishedCited by 1 opinion

Appeal from a judgment of the City Court of the city of New York, entered November 3, 1915, dismissing plaintiff’s complaint upon the merits after a trial by the court without a jury.

1Opinion of the CourtWeeks, J.

This action was brought to recover the sum of $1,254.36 and interest from July 1, 1915, being the aggregate of seventy-two monthly payments, with compound interest, made by plaintiff to defendant under an instrument called a “ profit sharing 5% savings bond,” dated March 3, 1909. In the so-called “ bond ” the defendant agreed to pay to plaintiff on October 1, 1921, the sum of $3,000 together with a pro rata share of a so-called 6 ‘ partnership surplus profit account, ’ ’ the consideration being a signed application for the bond, the payment in advance of $15, and the payment of a like sum of…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Toplitz v. . BauerNew York Court of Appeals · 1900
  2. Thomson v. . PoorNew York Court of Appeals · 1895
  3. Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
  4. Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
  5. Clark v. . WestNew York Court of Appeals · 1908

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3Cited by1 opinion

  1. Stevens v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1918

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