Irwin v. . Curie
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 17, 1900, which affirmed a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The contract alleged in the complaint was not malitm in se. (Brown v. West, 9 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 17, 1900, which affirmed a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The contract alleged in the complaint was not malitm in se. (Brown v. West, 9 App. Div. 135; Tracy v. Talmadge, 14 N. Y. 162; Curtis v. Leavit, 15 N. Y. 9 ; Oneida Bank v. Ontario Bank, 21 N. Y., 490; Degroff v. A. L. T. Co., 21 N. Y. 124; S. H. Bank v.…
1Opinion of the Court
Parker, Ch. J.
Thus far in the progress of this action it has. been held, mainly on the authority of Hirshbach v. Ketchum, (5 App. Div. 324), that the complaint does not allege a cause of action. It states in substance that plaintiff, a customs broker, undertook to collect the claims of importers against the government for excess of duties paid to said government; that with the knowledge and assent of his customers he made an agreement with defendant, an attorney and counselor at law, authorized to appear in the United States courts, whereby plaintiff was to procure employment for defendant in…
2Cases cited10 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Leonard v. . PooleNew York Court of Appeals · 1889
- Fowler v. . CallanNew York Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- O'HARA v. AhlgrenIllinois Supreme Court · 1989
- American National Insurance Co. v. TaborTexas Supreme Court · 1921
- Goldstein v. GroesbeckCourt of Appeals for the Second Circuit · 1944
- Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
- Lybrand v. LevittAppellate Division of the Supreme Court of the State of New York · 1976
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