In re Judicial Accounting of Baldwin
Appellate Division of the Supreme Court of the State of New York
Appeal by James Baldwin, one of the executors, etc., of Sarah Weatherby, deceased, and a residuary legatee named in her will, from so much of a decree of the Surrogate’s Court of the county of Steuben, entered in said Surrogate’s Court on the 26th day of October, 1895, as adjudges him to he indebted to the estate of Sarah Weatherby in the sum of $10,677.48, and from so much of said decree as fails to adjudge that the said estate is indebted to James Baldwin and Henry…
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Appeal by James Baldwin, one of the executors, etc., of Sarah Weatherby, deceased, and a residuary legatee named in her will, from so much of a decree of the Surrogate’s Court of the county of Steuben, entered in said Surrogate’s Court on the 26th day of October, 1895, as adjudges him to he indebted to the estate of Sarah Weatherby in the sum of $10,677.48, and from so much of said decree as fails to adjudge that the said estate is indebted to James Baldwin and Henry Baldwin, as surviving partners of the firm of James Baldwin & Co., in the sum of $5,049.89. On the 10th day of December, 1892,…
1Opinion of the Court
Hardin, P. J.:
Appellant carried on a banking business at Addison for several years prior to the death of Mrs. Weatherby, who was his sister, and associated with him in the business as partners were Henry Baldwin, his brother, and his sister, Sarah Weatherby, the testatrix. “They did not put in any capital and nothing was said about profits; they simply lent their names for credit.” The assets of the bank all belonged to the appellant. Mrs. Weatlierby’s name was connected with the bank in April, 1880. The appellant carried on a general banking business, ..receiving and paying out moneys,…
2Cases cited6 opinions
- Crow v. . GleasonNew York Court of Appeals · 1894
- Adams v. . OlinNew York Court of Appeals · 1893
- Poucher v. . ScottNew York Court of Appeals · 1885
- Grafing v. HeilmannAppellate Division of the Supreme Court of the State of New York · 1896
- Sayles v. OlmsteadNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leask v. HoaglandNew York Supreme Court · 1909
- Bright v. KelleyCourt of Appeals of Maryland · 1935
- Kilmer v. QuackenbushAppellate Division of the Supreme Court of the State of New York · 1908
- Gaylord v. GibsonAppellate Division of the Supreme Court of the State of New York · 1899