Bagley v. . Smith
New York Court of Appeals
Appeal from the judgment of the court below. A witness being asked on the part of the plaintiff what the profits of the firm of A. G. Bagley & Co. were during the last six months of its existence, the inquiry was objected to on the part of the defendants, and the objection overruled by the judge who tried the cause, he holding it to be proper to allow the inquiry as to actual damages and as to loss of profits, the latter being admitted not as furnishing the rule of damages,…
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Appeal from the judgment of the court below. A witness being asked on the part of the plaintiff what the profits of the firm of A. G. Bagley & Co. were during the last six months of its existence, the inquiry was objected to on the part of the defendants, and the objection overruled by the judge who tried the cause, he holding it to be proper to allow the inquiry as to actual damages and as to loss of profits, the latter being admitted not as furnishing the rule of damages, but as evidence, from which the jury might form a judgment. To this ruling there was an exception by the defendants. The…
1Opinion of the CourtJohnson, J.
The principal points presented- by the exceptions in this case are, first, whether an action can be maintained for a breach of a covenant to continue a partnership for a fixed period, unless sooner dissolved, in accordance with the terms of the covenant; second, whether actual damages, can in such case be recovered; third, whether expected profits can be regarded as a ground of damages in such a case; and fourth, whether the amount of profits made prior to the dissolution could be considered by the jury as bearing in any degree upon the amount of damages to which the plaintiff was entitled.…
2Cases cited1 opinion
- Wilson v. MartinCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by82 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Allison v. ChandlerMichigan Supreme Court · 1863
- Palmer v. Connecticut Railway & Lighting Co.Supreme Court of the United States · 1941
- Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
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