Parker v. John Pullman & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Pullman & Co., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6tli day of October, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
Goodrich, P. J.:
The demurrer brings up two questions; First, the right of the plaintiff to maintain an equitable action for an accounting under the terms of the agreement set forth in his complaint; and, second, the defendant’s right to test the question by demurrer.
The complaint alleges that the plaintiff is a resident of this State and the defendant corporation a foreign corporation; that on August 18, 1892, a written contract, of which a copy is annexed to the complaint, was executed between the parties to this action, whereby the plaintiff and the defendant Parker, former employees of the…
2Cases cited8 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- Marston v. . GouldNew York Court of Appeals · 1877
- Emery v. . PeaseNew York Court of Appeals · 1859
- Leggett v. . HydeNew York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Moen v. ThompsonNew York Supreme Court · 1946
- Swanson v. AlworthSupreme Court of Minnesota · 1926
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Schenectady Contracting Co. v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Hutchinson v. BirdsongAppellate Division of the Supreme Court of the State of New York · 1925
13 more not listed; retrieve them via the Exa API.