Clarke v. Kelsey
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Wakeley, J. See opinion for statement of facts. The appellee did not have the right under the contract to engage in the several enterprises undertaken by him and appropriate to his own use the profits derived therefrom. (Wood, Master & Servant, sec. Ill; Thompson v. Havelock, 1 Campbell [Eng.], 527; Gardner v. McOulcheon, 4 Bev. [Eng.], 534; 1 Am'. & Eng. Ency.
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Appeal from the district court of Douglas county. Heard below before Wakeley, J. See opinion for statement of facts. The appellee did not have the right under the contract to engage in the several enterprises undertaken by him and appropriate to his own use the profits derived therefrom. (Wood, Master & Servant, sec. Ill; Thompson v. Havelock, 1 Campbell [Eng.], 527; Gardner v. McOulcheon, 4 Bev. [Eng.], 534; 1 Am'. & Eng. Ency. Law, 363; Adams Express Co. v. Trego, 35 Md., 64; Gillemoaiers v. Miller, 49 Miss., 150; vol. 1, pt. 1, White & Taylor, Leading Cases in Equity, 62; 1 Wait, Actions &…
1Opinion of the CourtNon val, C. J.
This was an action brought by the appellant against the appellee for an accounting. The petition upon which the case was tried being brief, and a question being raised as to the sufficiency thereof as regards one item in plaintiff’s account, we set out the pleading in full, as follows:
“Henry T. Clarke, plaintiff, complains of the said Charles R. Kelsey, defendant, and says on or about the - day of May, 1883, the said plaintiff employed the said defendant to go to Camp Clarke, in Cheyenne county, in this state, to take charge of the business of the said plaintiff at said point, consisting, in…
2Cases cited5 opinions
- Adams' Express Co. v. TregoCourt of Appeals of Maryland · 1872
- Hamilton v. ThrallNebraska Supreme Court · 1878
- Dodge v. KieneNebraska Supreme Court · 1889
- Kennedy v. GoodmanNebraska Supreme Court · 1883
- Savage v. AikenNebraska Supreme Court · 1887
3Cited by13 opinions
- Union Lumber Co. v. J. W. Schouten & Co.California Court of Appeal · 1914
- Sylvester v. Carpenter Paper Co.Nebraska Supreme Court · 1898
- Western Manufacturing Co. v. RogersNebraska Supreme Court · 1898
- California Milling Corp. v. WhiteCalifornia Court of Appeal · 1964
- White v. ThompsonCalifornia Court of Appeal · 1919
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