Maloney v. . Iroquois Brewing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 9, 1901, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of' the .action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 9, 1901, affirming a judgment in favor of defendants entered upon the report of a referee. The nature of' the .action and the facts, so far as material, are stated in the opinion. Under the agreement between the parties the Iroquois Brewing Company was obliged to collect two dollars a barrel, in addition to the regular price, on all béer sold by it to Mallon, and plaintiff cannot be prejudiced by the failure of the brewing company so to collect said excess. (Baldwin v.…
1Opinion of the CourtO’Brien, J.
The relief which the plaintiff sought in this action was an accounting between himself and the defendants under a tripartite agreement between them, the substance of which will be hereafter referred to. The case was tried before a referee, who reported in favor of the defendants and the learned court below has affirmed the judgment. There is little, if any, dispute about the facts and hence the question is whether the le’gal conclusions of the referee upon the facts found were warranted.
The learned referee found that on the 17th day of July, 1896, the plaintiff, as party of the first part,…
2Cases cited1 opinion
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
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- Pomeroy v. NewellAppellate Division of the Supreme Court of the State of New York · 1907
- Daitch Crystal Dairies, Inc. v. NeislossNew York Supreme Court · 1959
- In re the Estate of SchwimmerNew York Surrogate's Court · 1944
- Cook v. PapaNew York Supreme Court · 1959
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