McIlrath v. S. Waterbury & Sons Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, S. Waterbury & Son’s Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of February, 1920, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of February, 1920, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, S. Waterbury & Son’s Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of February, 1920, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of February, 1920, denying the defendant’s motion for a new trial made upon the minutes. Action against a corporation to recover on an alleged contract by which the defendant promised the plaintiff a bonus or sum in addition to weekly salary for services rendered.
1Per curiam
The testimony, viewed in the light more favorable to the .plaintiff, charges Mrs. Wylie with a personal promise to pay the bonus of $1,000. The fact that she owned almost all of the capital stock of the defendant did not make it and her one. (Cook Corp. [7th ed.] § 6.) The fact that Mrs. Wylie, when she made the promise, was a director of the corporation and that such a promise involved services to the corporation did not indicate necessarily that the promise was corporate. As Mrs. Wylie owned almost all of the stock, the benefit of the corporation was ultimately her benefit as well. And one…
2Cases cited1 opinion
- Chase v. Michigan Telephone Co.Michigan Supreme Court · 1899
3Cited by5 opinions
- Kennedy v. KennedyNew York Supreme Court · 1949
- In re Chubby's Parkchester Inc.District Court, S.D. New York · 1951
- Boller v. C. W. Hunt Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Hermusic, Ltd. v. Reverse Producers Corp.District Court, S.D. New York · 1966
- Monclova v. ArnettAppellate Division of the Supreme Court of the State of New York · 1955