Crownshield Trading Corp. v. Earle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Crownshield Trading Corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of September, 1921, as resettled by an order entered in said clerk’s office on the 17th day of September, 1921, sustaining defendant’s demurrer to the complaint for insufficiency and granting his motion for judgment on the pleadings with leave to plaintiff to plead over,…
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Appeal by the plaintiff, Crownshield Trading Corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of September, 1921, as resettled by an order entered in said clerk’s office on the 17th day of September, 1921, sustaining defendant’s demurrer to the complaint for insufficiency and granting his motion for judgment on the pleadings with leave to plaintiff to plead over, and denying plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Merrbll, J.:
The action is brought at law to recover the sum of $200,000 alleged as damages by reason of defendant’s breach of contract and failure to pay over to the plaintiff, an alleged joint adventurer with the defendant, one-half of certain commissions received by the defendant, and by reason of defendant’s refusal to perform the said contract as agreed between the parties.
In plaintiff’s complaint it is alleged that the plaintiff is a domestic corporation engaged in the business of exporting and importing merchandise, and that prior to the events alleged and set forth in the complaint,…
2Cases cited6 opinions
- Karrick v. HannamanSupreme Court of the United States · 1897
- Bagley v. . SmithNew York Court of Appeals · 1853
- Zimmerman v. HardingSupreme Court of the United States · 1913
- Powell v. MaguireCalifornia Supreme Court · 1872
- Manny v. BurkeAppellate Division of the Supreme Court of the State of New York · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
- Nancy Ebker, Cross-Appellee v. Tan Jay International, Ltd. And Peter J. Nygard, Tan Jay International, Ltd., Cross-AppellantCourt of Appeals for the Second Circuit · 1984
- Canet v. Gooch Ware TravelsteadDistrict Court, E.D. New York · 1996
- Ebker v. Tan Jay International Ltd.District Court, S.D. New York · 1990
- Burnstine v. GeistAppellate Division of the Supreme Court of the State of New York · 1939
6 more not listed; retrieve them via the Exa API.