Louda v. Revillon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis Leuda, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of September, 1904, granting the defendants’ motion to vacate an order for the examination of one of the defendants.
1Opinion of the Court
Ingraham, J.:
This action cannot be sustained as an action at law for the recovery of a sum of money alleged to be due to the plaintiff by reason of his employment by the defendants. There is no allegation that plaintiff sustained damages by the breach of the contract, nor that, under plaintiff’s agreement with the defendants, the plaintiff was entitled to recover a sum of money for which the action is brought. The relief asked is that the defendants be compelled to account to the plaintiff for the money due the plaintiff under the contract hereinbefore mentioned, and that the judgment for the…
2Cited by1 opinion
- Del Genovese v. Del GenoveseAppellate Division of the Supreme Court of the State of New York · 1912