Low v. Swartwout
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Richard H. Swartwout and others, from, an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of April, 1915, overruling their demurrer to the complaint.
1Opinion of the Court
Clarke, P. J.:
The action was brought on an agreement under which Courtlandt Babcock retired from the copartnership of Babcock, Swartwout & Co. in which he was engaged with the defendants Swartwout and Appenzellar in the business of note and *726stock brokers. By the terms of this agreement Swartwout and Appenzellar were to pay Babcock for his interest and the good will of said partnership $5,000 per annum, “ or such less amount as may be earned by them for profits from their business as commercial paper or bond or stock brokers, or either or both, which amount shall be a first charge and lien…
2Cases cited6 opinions
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Kelly v. . DowningNew York Court of Appeals · 1870
- Cody v. First National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Fisher v. Charter Oak Life InsuranceThe Superior Court of New York City · 1884
- Perrin v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sivakoff v. SivakoffAppellate Division of the Supreme Court of the State of New York · 1952
- Moen v. ThompsonNew York Supreme Court · 1946
- Superior Brassiere Co. v. ZimetbaumAppellate Division of the Supreme Court of the State of New York · 1925
- A. L. Gosselin Corp. v. Mario Tapparelli fu Pietro of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Robinson v. WhitakerAppellate Division of the Supreme Court of the State of New York · 1923
11 more not listed; retrieve them via the Exa API.