Von Sachs v. . Kretz
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants entered upon the report of a referee. (Reported below, 10 Hun, 95.) This action was brought by plaintiff as assignee in bankruptcy of John F. Schepeler, of the firm of Schepeler & Co., to foreclose a mortgage executed by defendants to secure a bond of defendant, George C. Kretz.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants entered upon the report of a referee. (Reported below, 10 Hun, 95.) This action was brought by plaintiff as assignee in bankruptcy of John F. Schepeler, of the firm of Schepeler & Co., to foreclose a mortgage executed by defendants to secure a bond of defendant, George C. Kretz. Defendants set up in their answer that the bond and mortgage were executed to said Schepeler in trust for his firm, and that said firm was indebted to said George C. Kretz in…
1Opinion of the CourtAndrews, J.
The defendant George C. Kretz, under his agreement with Schepeler & Co., was entitled to four per cent of the net profits of the business of the firm for the year 1863, as a compensation for his services in that year, and the referee found that the net profits of the business in 1863 were between $256,000 and $257,000, of which $100,000 were not distributed, and that $4,000, with interest from January 1, 1864, was.clue to Kretz from Schepeler & Co., on account of his share in the undistributed profits.
We are concluded by the finding of the referee upon this question, if there was any evidence…
2Cases cited6 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Brisbane v. PrattNew York Supreme Court · 1847
- Chapman v. New York Central Rail RoadNew York Court of Appeals · 1865
- James v. . ChalmersNew York Court of Appeals · 1852
- Brown v. . MaillerNew York Court of Appeals · 1854
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