Legal Opinion

Bagley v. Carthage, Watertown & Sackets Harbor Railroad

New York Court of Appeals

Decided December 11, 1900PublishedCited by 24 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 23, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. 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 February 23, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff being a stockholder and director of the defendant, and there being no valid agreement, express or implied, to compensate him for services rendered, he cannot recover. (Mather v. Eureka M. Co., 118 N. Y. 629; F. L. & T. Co. v. H. R. R. Co., 152 N. Y.…

1Opinion of the CourtGray, J.

This action was commenced by the plaintiff to recover for services alleged to have been rendered by him to the defendant and, also, for expenses incurred- during their rendition. The plaintiff was a director and the president of the defendant between the years 1887 and 1894 and, during that period of time, he claims to have rendered services in certain controversies and litigations between, or concerning, the defendant and its lessees and with reference to obtaining a loan of money for the purpose of refunding a certain mortgage indebtedness and of thus preventing a foreclosure. He claimed…

2Cases cited2 opinions

  1. Corinne Mill, Canal & Stock Co. v. ToponceSupreme Court of the United States · 1894
  2. Henry v. Rutland & Burlington RailroadSupreme Court of Vermont · 1855

3Cited by24 opinions

  1. Wainwright v. P. H. & F. M. Roots Co.Indiana Supreme Court · 1912
  2. Young v. United States Mortgage & Trust Co.New York Court of Appeals · 1915
  3. Carr v. KimballAppellate Division of the Supreme Court of the State of New York · 1912
  4. Fox v. . Arctic Placer Mining Milling Co.New York Court of Appeals · 1920
  5. Reub Isaacs & Co. v. CommissionerUnited States Board of Tax Appeals · 1924

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