Baily v. . Hornthal
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered October 23, 1895, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered October 23, 1895, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. From the 1st of May, 1886, to the 30th of April, 1891, the defendants composed a limited partnership, organized under the firm name of “ Weis Brothers,” pursuant to the laws of the state of Texas, with Albert and Robert Weis, of Galveston, in that state, as general partners, and Lewis M. Hornthal, of the'city of New York, as special partner, the contribution of the…
1Opinion of the CourtVann, J.
This is a creditors’ action wherein the plaintiffs, as judgment creditors of Albert and Robert Weis, with executions returned unsatisfied, seek to reach a specific fund in the hands of the defendant Hornthal upon the theory that lie has no right to the same, as against the creditors of said judgment debtors, because he received it from them virtually as a gift when they were insolvent.
While some of the allegations of the complaint are adapted to an action at law to charge Hr. Hornthal as a general partner, the action was tried and decided as an action in equity, in the nature of an ordinary…
2Cases cited5 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Frear v. . SweetNew York Court of Appeals · 1890
- Knapp v. . SimonNew York Court of Appeals · 1884
- White v. . BenjaminNew York Court of Appeals · 1896
3Cited by40 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
- Gross v. Russo (In Re Russo)United States Bankruptcy Court, E.D. New York · 1979
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