Disputed Claim of Grapel v. Hodges
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 19, 1888, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 19, 1888, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. (Eeported helow, 49 Hun, 107.) The reference was of a claim presented by plaintiffs, as administrators of the estate of Gerhard Henry ICoop, deceased, against the estate of Horace D. Carlile, who, at his death, was the surviving partner of the firm of N. D. Carlile & Son. The claim was based upon an instrument in writing of which the following is a copy; Whereas,…
1Opinion of the CourtFinch, J.
Neither Manning nor Nickerson were partners of Koop in the contract sued upon, and the objection founded on that allegation of a defect of parties plaintiff is not well taken. They were merely agents or employes of Koop, whose services were to be rendered in his behalf and whose compensation was to be measured by an agreed proportion of the ultimate profits realized by the employer. The referee does not find, and was not requested to find, the fact of any such partnership, and there is no trace in the history of the reference of any such question raised for decision. There can be no doubt,…
2Cases cited2 opinions
- Bachman v. LawsonSupreme Court of the United States · 1884
- Lawson v. . BachmanNew York Court of Appeals · 1880
3Cited by11 opinions
- Lewis v. BraunIllinois Supreme Court · 1934
- Elwell v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1918
- Proper v. John Bene & Sons, Inc.District Court, E.D. New York · 1923
- Farmers' Loan & Trust Co. v. WilsonNew York Court of Appeals · 1893
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
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