Flaherty v. Cary
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Flaherty, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 17th day of January,, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Hew York-Trial Term. The action was brought to recover $50,000 for an alleged breach of contract.
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Appeal by the plaintiff, Robert Flaherty, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 17th day of January,, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Hew York-Trial Term. The action was brought to recover $50,000 for an alleged breach of contract. The defendants are attorneys and counselors engaged in the practice of their profession as copartners in the city of Hew York. The plaintiff alleges that on the 4th day of December, 1891, he applied to defendants…
1Opinion of the Court
Laughlin, J. :
Plaintiff failed to prove a cause of action, and his complaint was properly dismissed. Defendants did not. agree absolutely to form a corporation or to secure a contract therewith for plaintiff as its sole general agent. They merely agreed to assist him in accomplishing these things.
It does not appear that they Could have formed a corporation composed of stockholders who would agree in advance to the company’s employing plaintiff on the extraordinary terms proposed, and it is extremely improbable that it could have been done even if authorized by law.
Even if the stock could have…
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- Bliss v. . MattesonNew York Court of Appeals · 1871
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