Thomas Adams & Co. v. Albert
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered June 26, 1895, affirming a judgment in favor of the defendant Nicholas Albert against the plaintiff, entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered June 26, 1895, affirming a judgment in favor of the defendant Nicholas Albert against the plaintiff, entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. By a settled rule of equity, as well as by intention and express dedication, the unliquidated interest of Nicholas Albert remaining in the business was at the risk of the business, and the rights of Nicholas were…
1Opinion of the CourtO’Brien, J.
The sole question in this case is one of equitable priority. The controversy is between the plaintiff and the defendant Midiólas Albert, each claiming the prior right to a fund in court which represents the proceeds of a stock of goods that on December 23rd, 1893, was owned by the firm of Albert, Haager & Company. That firm was composed of Henry Albert and Charles Haager, and on the day last mentioned was, and for some time had' been, utterly insolvent. On that day Henry Albert confessed an individual judgment to his father, Midiólas, for $50,000. On the 28th of December he confessed an…
2Cases cited3 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- Hoyt v. SpragueSupreme Court of the United States · 1881
- Baily v. . HornthalNew York Court of Appeals · 1898
3Cited by9 opinions
- In re the General Assignment of TalmageAppellate Division of the Supreme Court of the State of New York · 1899
- Dexter v. DexterAppellate Division of the Supreme Court of the State of New York · 1899
- In Re Flynn's EstateWashington Supreme Court · 1935
- Johnson v. WilliamsSupreme Court of Virginia · 1910
- Kilhoffer v. ZeisNew York Supreme Court · 1919
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