Legal Opinion

Hathaway v. Clendening Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 1909PublishedCited by 5 opinions

Appeal by the defendant, The Clendening Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 23d day of April, 1909, upon the decision of the court, rendered after a trial at the Hew York Special Term, directing an accounting.

1Opinion of the Court

Houghton, J.:

The plaintiff alleges that the defendant employed him as general manager of a hotel apartment house and- agreed to pay him for his services a fixed salary of $1,200 per year, and in addition thereto a sum equal to ten per cent of the net profits, and, that such net profits amounted to $16,000, and that the defendant neglected and refused to account to the- plaintiff therefor or to pay him his percentage thereof, and judgment is demanded that the defendant account for such profits and pay him such sum as might be due him thereon.

The defendant plead that the plaintiff had an…

2Cases cited6 opinions

  1. Richardson v. . HughittNew York Court of Appeals · 1879
  2. Smith v. . BodineNew York Court of Appeals · 1878
  3. Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
  4. Parker v. John Pullman & Co.Appellate Division of the Supreme Court of the State of New York · 1899
  5. Merchants National Bank v. BarnesAppellate Division of the Supreme Court of the State of New York · 1898

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3Cited by5 opinions

  1. Vitale v. SteinbergAppellate Division of the Supreme Court of the State of New York · 2003
  2. Freeman v. MillerAppellate Division of the Supreme Court of the State of New York · 1913
  3. Kent v. Universal Film Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1922
  4. F. H. Hecht & Co. v. FelengaNew York Supreme Court · 1930
  5. Kalb v. LeffCity of New York Municipal Court · 1930

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