Dean v. Chamberlin
The Superior Court of New York City
This action came before the court, on an appeal oy the plaintiff from an order made by Mr. Justice Hoffman, sustaining a demurrer to the complaint.
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This action came before the court, on an appeal oy the plaintiff from an order made by Mr. Justice Hoffman, sustaining a demurrer to the complaint. The complaint states that the plaintiff, and the defendant, and nine others, were harbor-masters of the port of Hew York, from the 9th of April, 1850, until the 9th of April, 1855, duly appointed as such, under a statute of the state of Hew York, passed March 16, 1850. That each of said harbor-masters employed the defendant to collect certain fees which should become due to them pursuant to such act: “ That the defendant accepted the said…
1Opinion of the CourtBy the Court. Slosson, J.
This is an appeal from an order at Special Term, sustaining a demurrer to the complaint for want of parties.
The action is plainly one for an account. The prayer of the complaint is for an accounting. The plaintiff treats it as an action at law to recover a specific amount, yet admits, in his complaint, that the amount of the moneys collected and received by the defendant, and to one-eleventh of which he is entitled, is unknown to him, and that the amount due him can only be ascertained on *694the rendering of an account by the defendant. It is not the case of a suit to recover an admitted balance…
2Cases cited1 opinion
- Cochran v. CarringtonNew York Supreme Court · 1841
3Cited by2 opinions
- Carr v. WaldronSupreme Court of Missouri · 1869
- Kutz v. RichardsNew York City Court · 1891