Curnen v. Ryan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, International Shipbuilding and Marine Engineering Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Rockland on the 28th day of May, 1918, upon the decision of the court after a trial at the Rockland Special Term.
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Appeal by the defendant, International Shipbuilding and Marine Engineering Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Rockland on the 28th day of May, 1918, upon the decision of the court after a trial at the Rockland Special Term. The judgment decreed that plaintiff is entitled to one-half of the net profits arising from a shipbuilding contract between the United States government and the appellant, and directed an accounting to ascertain the amount of said profits. The plaintiff brought this suit in…
1Opinion of the Court
Kelly, J.:
We are all agreed that the learned trial justice was right in his ruling that the contract was a chose in action, and that Ryan could not transfer a greater interest in it than he himself possessed, unless as between plaintiff and himself he had authority to dispose of it. And if he had no such authority, the question would still remain whether the plaintiff by his conduct or laches is estopped from questioning the sale to the Canadians. We are also agreed that if the plaintiff is entitled to recover, his interest would be in the net profits, if any, of the contract for the ten…
2Cases cited2 opinions
- Cox v. . StokesNew York Court of Appeals · 1898
- Brown v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by5 opinions
- State Ex Rel. Crane Co. v. StokkeSouth Dakota Supreme Court · 1937
- Crosney v. Edward Small Productions, Inc.District Court, S.D. New York · 1942
- Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1924
- Effron v. HaileNew York Supreme Court · 1951
- Nudelman v. Insulite Co.Appellate Division of the Supreme Court of the State of New York · 1937