Low v. Swartwout
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Richard H. Swartwout and others, from, an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of April, 1915, overruling their demurrer to the complaint.
1Dissent
McLaughlin, J. (dissenting):
When Courtlandt Babcock, plaintiff’s assignor, retired, from the firm of Babcock, Swartwout & Oo., the other members agreed to thereafter pay him, for his interest in the good will of the business, from the profits, $5,000 annually, or if that amount were not made, then such amount as was made. The agreement was in writing, is annexed to and made a part of the complaint.
It may well be doubted, under the allegations of the complaint, when read in connection with the agreement, whether a cause of action in equity is not stated. The legal effect of the agreement, as…
2Cases cited10 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Abbey v. . WheelerNew York Court of Appeals · 1902
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
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