Joseph v. . Herzig
New York Court of Appeals
Appeal, by permission, from an order of the Appellate locntory judgment of Special Term overruling a demurrer to the answer and sustained'such demurrer.
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Appeal, by permission, from an order of the Appellate locntory judgment of Special Term overruling a demurrer to the answer and sustained'such demurrer. The following questions were certified: “ 1. Is the alleged defense contained in article 5 of the amended answer herein insufficient in law upon the face thereof? 2. Is the alleged-partial defense contained in article 6 of the answer herein insufficient in law upon tiie face thereof ? 8. Is the alleged defense contained.in article 7 of the answer herein insufficient in law upon the face thereof? 4. Is the alleged partial defense contained in…
1Opinion of the Court
Cullen, Ch. J.
The plaintiff’s testator and the defendant were at the time of the decease of said testator, and for a long time prior thereto had been, partners, importing and dealing in furs and skins. By the testator’s will the plaintiff and the defendant were appointed executors thereof. The complaint alleges that on the death of the testator the defendant did not liquidate the affairs of the partnership, but continued its business; that the partnership name (Herzig Brothers) and good will wore of great value and that the defendant had appropriated them entirely to himself. Judgment was…
2Cases cited7 opinions
- Baucus v. . StoverNew York Court of Appeals · 1882
- Slater v. . SlaterNew York Court of Appeals · 1903
- Van Rensselaer v. . Van RensselaerNew York Court of Appeals · 1889
- Weed v. SmullNew York Court of Chancery · 1839
- Wurts v. JenkinsNew York Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- In re the Accounting of HubbellNew York Court of Appeals · 1951
- In re the Accounting of MootAppellate Division of the Supreme Court of the State of New York · 1955
- In re the Estate of SidenbergNew York Surrogate's Court · 1933
- In re the Accounting of Hanover BankNew York Surrogate's Court · 1960
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
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