Legal Opinion

Bristor v. . Smith

New York Court of Appeals

Decided February 28, 1899PublishedCited by 26 opinions

Appeal, by permission, from a judgment of the Appellate Divison of the Supreme Court in the second judicial department, entered April 28, 1898, upon an order affirming a judgment in favor of the respondent, entered upon a decision of the court sustaining his demurrer to the plaintiff’s complaint and dismissing the complaint as to him on trial at Special Term.

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Appeal, by permission, from a judgment of the Appellate Divison of the Supreme Court in the second judicial department, entered April 28, 1898, upon an order affirming a judgment in favor of the respondent, entered upon a decision of the court sustaining his demurrer to the plaintiff’s complaint and dismissing the complaint as to him on trial at Special Term. The nature of the action, the question certified for review and the material facts are stated in the opinion. , The intention of the legislature was to include in section 54, chapter 688, Laws of 1892, all employees of a corporation,…

1Opinion of the CourtGray, J.

The Appellate Division of the Supreme Court, in the second department, has certified to this court the following question of law: “ Is an attorney and counselor at law, regularly employed at a fixed salary, an employee under section 54, chapter 688, Laws of 1892?” The question is raised upon a demurrer, interposed by the defendant Smith, respondent here, to the plaintiff’s complaint, wherein he charges the respondent, as a stockholder of the Merchants and Manufacturers’ Protective Company, with being liable to him for an indebtedness of that company. By an agreement between himself and the…

2Cases cited2 opinions

  1. People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
  2. Coffin v. . ReynoldsNew York Court of Appeals · 1868

3Cited by26 opinions

  1. Claim of Bowne v. S. W. Bowne Co.New York Court of Appeals · 1917
  2. Matter of StrykerNew York Court of Appeals · 1899
  3. Farnum v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1915
  4. Case v. First Natl. Bank of City of BrooklynNew York Supreme Court · 1908
  5. Latta v. LonsdaleCourt of Appeals for the Eighth Circuit · 1901

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