Schmitt v. Querengaesser
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, borough of Manhattan, ninth district, against the defendants, and bringing up for review an order which denies a motion made by defendants for judgment on the pleadings.
1Opinion of the CourtGuy, J.
The complaint herein alleges, in substance, that the plaintiff and the defendants entered into a copartnership agreement by the terms of which the plaintiff paid to the defendants the sum of $1,000 for a one-half interest in a restaurant business situated in *641this city; that defendants agreed that said sum of $1,000 should be repaid to plaintiff out of the earnings and profits arising out of the business and, in addition thereto, a sum equal to fifty per cent of all the profits accruing at the time said sum was repaid; that thereafter Ernst Querengaesser, falsely representing himself to be the…
2Cases cited7 opinions
- People v. . BradnerNew York Court of Appeals · 1887
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- People Ex Rel. Swift v. . LuceNew York Court of Appeals · 1912
- Lewkowicz v. . Queen Aeroplane Co.New York Court of Appeals · 1913
- Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bekurs v. Bumper ServiceSupreme Court of Alabama · 1960
- Bradstreet's Collection Bureau v. Nagler's Brass Works, Inc.Appellate Terms of the Supreme Court of New York · 1916
- Golden v. FriedmanAppellate Terms of the Supreme Court of New York · 1916
- Mennitto v. IacovacciAppellate Terms of the Supreme Court of New York · 1924