Durant v. Pierson
New York Supreme Court
Appeal from judgments entered on report of referee. Two actions respectively brought by Edward A. Durant, Jr., and Hiram-Miller against Henry E. Pierson, as survivor of the firm of Henry R. Pierson & Son, a firm composed of himself and Henry E. Pierson, deceased, and Robert C. Pruyn, as assignee of Henry E. Pierson, as survivor of the firm of Henry B. Pierson & Son. There was judgment for the plaintiffs in both actions, and defendants appeal therefrom.
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Appeal from judgments entered on report of referee. Two actions respectively brought by Edward A. Durant, Jr., and Hiram-Miller against Henry E. Pierson, as survivor of the firm of Henry R. Pierson & Son, a firm composed of himself and Henry E. Pierson, deceased, and Robert C. Pruyn, as assignee of Henry E. Pierson, as survivor of the firm of Henry B. Pierson & Son. There was judgment for the plaintiffs in both actions, and defendants appeal therefrom. For opinion on motion to make complaint more definite and certain, see 8 N. Y. Supp. 904.
1Opinion of the CourtLearned, P. J.
The defendant Pierson and one Henry E. Pierson, his-father, were copartners doing business as bankers and brokers in Albany under the firm name of Henry B. Pierson & Son, during the year 1889, and' prior thereto, and until January 1, 1890, when Pierson, Sr., died. "The firm kept their account with the National Commercial Bank of Albany, of which Mr. Pruyn, one of the defendants, was president. At the time of the death of said Pierson, Sr., the firm was insolvent. On the 9th of January, the defendant Pierson came to the defendant Pruyn, as president of the bank, and said that he needed,…
2Cases cited10 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Williams v. . WhedonNew York Court of Appeals · 1888
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
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3Cited by1 opinion
- Citizens' Bank v. WilliamsNew York Supreme Court · 1891