Dambmann v. . Schulting
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 1.) This action was brought to set aside a release under seal, and to recover a balance alleged to be due plaintiff for money loaned defendant by the firm of C. F. Dambmann & Co., of which firm plaintiff was a partner, and to whose rights he succeeded. The facts are set forth sufficiently in the opinion. The agreement executed by plaintiff’s firm and defendant’s other…
1Opinion of the CourtEakl, J.
Prior to 1866, the defendant had for many years been a merchant extensively engaged in business in tho city of New York. In February of that year, he had become financially embarrassed, and contemplated an assignment for the benefit of his creditors. He was finally dissuaded from .making an assignment by the promise of his creditors to loan him the sum of $100,000 to aid him iu meeting his obligations. There was evidence tending to show that the sums thus to be loaned were to be repaid when he became able ; but he testified that it was to be optional for him to repay them, in case he paid the…
2Cases cited4 opinions
- Laidlaw v. OrganSupreme Court of the United States · 1817
- Allen v. HammondSupreme Court of the United States · 1837
- Bench v. SheldonNew York Supreme Court · 1852
- Von Keller v. . SchultingNew York Court of Appeals · 1872
3Cited by66 opinions
- Amend v. HurleyNew York Court of Appeals · 1944
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Aaron Ferer & Sons Ltd. v. Chase Manhattan Bank, National Ass'nCourt of Appeals for the Second Circuit · 1984
- Da Silva v. MussoNew York Court of Appeals · 1981
- Morris v. . TalcottNew York Court of Appeals · 1884
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