Parks v. Gates
Appellate Division of the Supreme Court of the State of New York
.Appeal by' the defendant, John W. Gates, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of-thé county of Hew York on the 14th day 'of May, 1900,. denying the defendant’s motion to vacate an order for his examination, before trial.
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.Appeal by' the defendant, John W. Gates, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of-thé county of Hew York on the 14th day 'of May, 1900,. denying the defendant’s motion to vacate an order for his examination, before trial. The complaint herein alleges that the plaintiff and the defendant, with others, entered into an agreement to endeavor to bring about-the formation of a corporation and the purchase by it of certain factories, any profits accruing from such efforts to be divided among the parties to the agreement; that…
1Opinion of the Court
O’Brien, J.:
Upon proving the agreement and that there were profits, the plaintiff would be entitled to the relief asked, namely, an accounting. If the action is not in fact by one partner against another, then, assuming that the allegations of the complaint can be sustained, it is so similar that the rules and methods of procedure adopted in partnership actions may be applied.
Here it is essential that the plaintiff should obtain the evidence necessary to prove the alleged agreement, and that out of the project to which it related profits arose; and upon establishing those facts he would be…
2Cited by5 opinions
- Parks v. GatesAppellate Division of the Supreme Court of the State of New York · 1903
- Hausling v. RheinfrankAppellate Division of the Supreme Court of the State of New York · 1905
- York v. DickAppellate Division of the Supreme Court of the State of New York · 1901
- Hausling v. RheinfrankAppellate Division of the Supreme Court of the State of New York · 1905
- Weidenfeld v. HollinsNew York Supreme Court · 1903