Hotopp v. . Huber
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 21, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 21, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. This action was brought to recover from the defendants the sum of $1,083.18, with interest, for goods alleged to have been sold and delivered to the firm of P. Lenk & Co. The facts, so far as material, are stated in the opinion. It was error to admit the books of P. Lenk & Co., and proof with respect to the entries thereon, as against the…
1Opinion of the CourtO’Brien, J.
The pleadings in this case presented an issue of fact, and that was whether the defendants’ testator, Otto Huber, who died prior to the commencement of the action,, was a general partner in a business firm which was liable to the plaintiff for the debt, to recover which the action was brought. It was alleged in the complaint that he was such a partner at the time the debt was contracted, and that the other surviving members of the firm were insolvent, and hence that a judgment against them would be ineffectual. The answer of the defendants took issue upon these allegations, and for a further…
2Cases cited13 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Durant v. . AbendrothNew York Court of Appeals · 1877
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- White v. . BenjaminNew York Court of Appeals · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Bradley v. . McDonaldNew York Court of Appeals · 1916
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- State Bank of Pike v. . BrownNew York Court of Appeals · 1901
- Flour City National Bank v. WidenerNew York Court of Appeals · 1900
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