Legal Opinion

Smith v. Western Pacific Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1911PublishedCited by 17 opinions

Appeal by the plaintiff, Charles E. W. Smith, 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 15th day of December, 1910.

1Opinion of the Court

Scott, J.:

This is an appeal from an order directing a certain issue in the action to be separately tried, prior to the trial of the other issues in the case. The action is for a large sum of money claimed to be due to the plaintiff as compensation for services rendered in negotiating or assisting in the negotiation of the sale of bonds of the- defendant. The defendant, besides denying all, or nearly all, of the allegations of the complaint, sets up a number of separate defenses, one of which is that the action is barred by the Statute of Limitations of the State of California, - of which…

2Cases cited2 opinions

  1. Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
  2. People v. . TrimbleNew York Court of Appeals · 1892

3Cited by17 opinions

  1. Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
  2. Flynn v. Royal Development Co.Appellate Division of the Supreme Court of the State of New York · 1943
  3. Maag v. Maag Gear Co.Appellate Division of the Supreme Court of the State of New York · 1920
  4. Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1916
  5. City of New York v. Interborough Rapid Transit Co.New York Supreme Court · 1929

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