Walcoff v. Bittker
Appellate Terms of the Supreme Court of New York
'Appeal from City Court of New York, Special Term. Action by Philip Walcoff, as administrator, against Isaac Bittker. Prom an interlocutory judgment overruling a demurrer to the complaint, defendant appeals.
1Dissent
BIJUR, J. (dissenting).
The complaint recites a contract where-under plaintiff’s intestate agreed with defendanf that whereas, the former had invested $12,500 and the latter $6,000 in a piece of property (presumably standing in the name of both); all expenses and income should be shared equally, and that, if the property were not sold within one year from the date of the agreement, the former should receive 6 per cent, interest on the excess of her capital invested, and that the “surplus” (namely, profit) arising on a final sale should be divided equally. It further alleges that the property…
2Cases cited11 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- King v. . BarnesNew York Court of Appeals · 1888
- Emery v. . PeaseNew York Court of Appeals · 1859
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Wilcox v. PrattNew York Court of Appeals · 1890
6 more not listed; retrieve them via the Exa API.