Derham v. . Lee
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 7, 1881, which affirmed a judgment in favor of defendant Sunderland, against the original defendant Lee, entered upon a report of a referee.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 7, 1881, which affirmed a judgment in favor of defendant Sunderland, against the original defendant Lee, entered upon a report of a referee. The. action was commenced by Michael W. Derham against John B. Lee (described in the summons as surviving partner of the late firm of Lee •& Dolan). The cause of action was commissions earned by one Jackson, in procuring for Lee & Dolan a construction contract; the amount claimed was $3,400. The complaint alleged that the demand had…
1Opinion of the CourtDanforth, J.
It is now objected by the appellant that the referee erred in deciding that the defendant Sunderland was entitled to recover, and in directing judgment in his favor. The point was pressed with much earnestness, but, as it seems to me, is founded upon a misconception as to the nature of the action, and the power of the court having the facts before it to adjust the rights, not only between the plaintiff and defendants but as between co-defendants. It should be observed the action is not, as the appellant assumes, amere common-law action, seeking judgment for a sum of money and no other relief.…
2Cases cited1 opinion
- Bailey v. IngleeNew York Court of Chancery · 1830
3Cited by22 opinions
- Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
- Wokal v. BelskyAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. HiltonNew York Supreme Court · 1888
- Bradley v. . BradleyNew York Court of Appeals · 1900
- Munson v. New York Central & Hudson River RailroadNew York Supreme Court · 1900
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