Legal Opinion

Williamson v. Wadsworth

New York Supreme Court

Decided June 3, 1867PublishedCited by 9 opinions

THIS is an appeal from an order of Justice Potter, made at special term, sustaining a demurrer to the plaintiff’s complaint in this action. The plaintiff brings this action to recover from the defendant, as a stockholder in the Pacific Coast Petroleum Company, of New York, (a corporation formed under the act of 1848,) the sum of $3791.61, being the amount of a certain judgment ' obtained by him against said company for services as a civil engineer and traveling agent.

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THIS is an appeal from an order of Justice Potter, made at special term, sustaining a demurrer to the plaintiff’s complaint in this action. The plaintiff brings this action to recover from the defendant, as a stockholder in the Pacific Coast Petroleum Company, of New York, (a corporation formed under the act of 1848,) the sum of $3791.61, being the amount of a certain judgment ' obtained by him against said company for services as a civil engineer and traveling agent. The plaintiff was employed by the corporation in the capacity of “ civil engineer and traveling agent,” at a salary of $6000…

1Opinion of the Court

By the Court, Clerke, J.

The decision in Aikin v. Was-son, (24 N. Y. Rep. 482,) does not control the question now before us. The case is not analogous. The plaintiff, there, was a contractor for the construction of a portion of the road of the Albany Northern Eailroad Company, of which the defendant therein was a stockholder. He was no more a servant of the company than any manufacturer who contracted to. furnish them with rolling stock—with locomotives_ or passenger cars. None are servants in a legal sense, but those who act in subordination to others, under whose order, direction and control…

2Cases cited2 opinions

  1. Aikin v. . WassonNew York Court of Appeals · 1862
  2. Richardson v. AbendrothNew York Supreme Court · 1864

3Cited by9 opinions

  1. Dillon v. Union Pac. R.U.S. Circuit Court for the District of Nebraska · 1874
  2. Delaware, Lackawanna & Western Railroad v. Oxford Iron Co.New Jersey Court of Chancery · 1880
  3. Harris v. NorvellNew York Supreme Court · 1876
  4. Vincent v. BamfordThe Superior Court of New York City · 1871
  5. Heckman v. TammenAppellate Court of Illinois · 1899

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