Veazey v. . Allen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 2i, 1901, affirming a judgment in favor of defendants entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 2i, 1901, affirming a judgment in favor of defendants entered upon the report of a referee. In this action the plaintiff seeks to compel the defendants to account to him for certain profits alleged to have been made by the latter in speculating in shares of the capital stock of two corporations known as the Distilling & Cattle Feeding Company and the American Sugar Refining Company. The defendants were copartners engaged as stockbrokers under the firm name of Henry Allen &…
1Opinion of the CourtWerner, J.
Before proceeding to discuss the question whether the contract, under which the plaintiff makes his claim, is void as being repugnant to public policy, it may be well to fix the point of view from which it is to be considered. The learned counsel for the appellant asserts that it makes a vital difference in the case whether the referee’s decision is to be regarded as a determination upon the merits, or whether it is to be treated simply as a nonsuit. It appears that after the plaintiff had rested his case, counsel for the defendants moved for a dismissal of the complaint on various grounds,…
2Cases cited13 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Trist v. ChildSupreme Court of the United States · 1875
- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Meguire v. CorwineSupreme Court of the United States · 1880
- Sedgwick v. . StantonNew York Court of Appeals · 1856
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3Cited by40 opinions
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- Attridge v. PembrokeAppellate Division of the Supreme Court of the State of New York · 1932
- State v. Colorado State Christian College of the Church of the Inner Power, Inc.New York Supreme Court · 1973
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