Stettheimer v. . Tone
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and denied a motion for a new trial. This action was upon a draft drawn by the firm of Stettheimer, Tone & Co., of which firm defendants were the members, private bankers, for $10,000, payable to plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and denied a motion for a new trial. This action was upon a draft drawn by the firm of Stettheimer, Tone & Co., of which firm defendants were the members, private bankers, for $10,000, payable to plaintiff. The facts are sufficiently stated in the opinion. Remedies at law are forbidden between partners, they must resort to equity for a determination of their…
1Opinion of the CourtParker, J.
The defendants, for some time prior to Febnary 13, 1879, were copartners doing business as bankers. The entire capital, $50,000, was furnished by Sigmund Stettheimer, while the other members of the firm contributed their energies and skill to the business. The adventure resulted in a general assignment for the benefit of creditors on the day mentioned.
In October, 1878, Sigmund Stettheimer deposited, of his private funds, $8,015.56 in the Importers and Traders’ Bank of Hew York, with the intent to transmit such amount to his brother in Frankfort, Germany, in payment of his indebtedness to him,…
2Cases cited1 opinion
- Crater v. . BiningerNew York Court of Appeals · 1871
3Cited by3 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- People v. . DolanNew York Court of Appeals · 1906
- Loan Association v. . FerrellSupreme Court of North Carolina · 1894