Baily v. Hornthal
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lewis M. Hornthal, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew Y orle on the 13th day of May, 1895, denying the motion of the said defendant for a new trial upon the ground of newly-discovered evidence.
1Opinion of the Court
Van Brunt, P. J.:
Prior to the 30th of April, 1891, the firm of Weis Bros, were doing business in Galveston, Texas. The firm consisted of Robert and Albert Weis as general partners, and the defendant Hornthal as special partner, claiming to have contributed the sum of $50,000 to such partnership as part of the capital. Upon the date mentioned such firm expired by limitation, and on the twenty-third of May following the said firm paid to defendant Hornthal $25,000 as part of his capital. The business of the firm, under the same name, was continued by the general partners, who retained the…
2Cases cited1 opinion
- Glassford v. LewisNew York Supreme Court · 1894
3Cited by4 opinions
- Delagi v. DelagiAppellate Division of the Supreme Court of the State of New York · 1970
- In re the Estate of SteigerwaldNew York Surrogate's Court · 1956
- Broadbelt v. LoewNew York Supreme Court · 1897
- Cizler v. CizlerAppellate Division of the Supreme Court of the State of New York · 1963