Kutz v. Richards
New York City Court
Appeal from trial term. Action by Lucy A. Kutz against Daniel W. Richards and Morton B. Smith for an accounting, and for money due thereon. Judgment for plaintiff on demurrer to the complaint, and defendants appeal.
1Opinion of the CourtOsborne, J.
Defendants appeal from an interlocutory judgment overruling a demurrer to the complaint herein. The complaint, in substance, alleges that Daniel Buhler, plaintiff’s assignor; the defendants, composing the firm of Daniel W. Richards & Co.; F. Clancy; Nathaniel McKay; Hubbell & Porter; and E. Stannard,—having in view an impending sale of certain vessels by the United States government, entered intoan agreement in writing, dated September 19, 1883, to the effect “that, in the event of any or all of the bids offered by each being accepted by the government, the vessels so purchased are for the…
2Cases cited2 opinions
- Stall v. . WilburNew York Court of Appeals · 1879
- Dean v. ChamberlinThe Superior Court of New York City · 1857