Burke v. Wolfe
The Superior Court of New York City
Appeal from judgment. From the year 1855, to September 14, 1869, the defendant was in the employment of his uncle, Udolpho Wolfe, as a salesman upon commission. Udolpho Wolfe died September 14, 1869, leaving a will, in which the plaintiffs were named as executor and executrix. They subsequently qualified and acted as such.
Read the full summary
Appeal from judgment. From the year 1855, to September 14, 1869, the defendant was in the employment of his uncle, Udolpho Wolfe, as a salesman upon commission. Udolpho Wolfe died September 14, 1869, leaving a will, in which the plaintiffs were named as executor and executrix. They subsequently qualified and acted as such. By the will, the executors were directed to carry on the business of the deceased, and to employ one hundred thousand dollars of his capital for that purpose. The action "was brought by the plaintiffs, as executors, to recover from the defendant the sum of two thousand six…
1Opinion of the Court
By the Court.—Freedman, J.
Upon the trial, the defense of a satisfaction and discharge of the indebtedness sued upon, by Udolpho Wolfe, in his lifetime, was wholly abandoned; for the defendant gave no evidence tending to establish it.
As to the further defense of a satisfaction and discharge of such indebtedness by the plaintiffs, in consideration of the stay of, and the rendition of services by the defendant, in the business to be continued by them, as executors, pursuant to the directions of the testator, there was a clear conflict of testimony, and the question depended entirely upon the…
2Cases cited5 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Wilbur v. SeldenNew York Supreme Court · 1826
- Tomlinson v. BorstNew York Supreme Court · 1859
- Haff v. Marine InsuranceNew York Supreme Court · 1811
- Stroud v. TiltonNew York Court of Appeals · 1866
3Cited by1 opinion
- Taggart v. FoxNew York Court of Common Pleas · 1882