Young v. United States Mortgage & Trust Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1913, upon an order which modified an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial by directing a dismissal of the complaint. The nature of the action and the facts, so far as material, .are stated in the opinion.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 24, 1913, upon an order which modified an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial by directing a dismissal of the complaint. The nature of the action and the facts, so far as material, .are stated in the opinion. The oral understanding between the plaintiff and the members of defendant’s executive committee, made at a regular meeting of the committee, and executed by the plaintiff, is binding on…
1Opinion of the CourtMiller, J.
The plaintiff sues to recover 5% of the net profits of the defendant’s- business from January 1st, 1902, to March 30th, 1905, as extra compensation for his services as president pursuant to an alleged oral agreement made with the executive committee of the board of directors, claimed to have been' authorized by the board and ratified by the shareholders. The trial court submitted to the jury as a question of fact whether the agreement was made as claimed by the plaintiff, but set aside the verdict in favor of the plaintiff as against the weight of evidence. The Appellate Division held that…
2Cases cited13 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Corinne Mill, Canal & Stock Co. v. ToponceSupreme Court of the United States · 1894
- Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Stetler v. . McFarlaneNew York Court of Appeals · 1921
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
- Fox v. . Arctic Placer Mining Milling Co.New York Court of Appeals · 1920
- Sotter v. Coatesville Boiler WorksSupreme Court of Pennsylvania · 1917
- Buchman v. American Foam Rubber CorporationDistrict Court, S.D. New York · 1965
27 more not listed; retrieve them via the Exa API.