Legal Opinion

Lorillard v. . Clyde

New York Court of Appeals

Decided October 7, 1890PublishedCited by 66 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made February 6, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court upon trial at Circuit, and affirmed an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made February 6, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court upon trial at Circuit, and affirmed an order denying a motion for a new trial. This action was upon a written agreement whereby the defendants, under their firm name of “ William P. Clyde & Co.,” guaranteed to the plaintiff a dividend of not less than seven per cent per annum for seven years from July 1, 1874, upon certain shares of stock, which, as it was stipulated,…

1Opinion of the CourtVann, J.

The clause of the contract upon which all of ttlie actions, mentioned in the foregoing statement, were founded is as follows, viz.: “ William P. Clyde '& Co. to have fhe management of said corporation and business, and in consid eration thereof, to guarantee-Jacob Lorillard a dividend of not. less than seven per cent per annum- for seven years, and to receive for such management the usual commission of two and one-lialf per cent in, and five per cent out, at each end, on the freights earned.”

On the 18tli of ¡November, 188Í, when the plaintiff began suit for the default of 1876, he was…

2Cases cited12 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
  3. Bendernagle v. CocksNew York Supreme Court · 1838
  4. Gardner v. BuckbeeNew York Supreme Court · 1824
  5. Wood v. SteeleSupreme Court of the United States · 1867

7 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Reich v. . CochranNew York Court of Appeals · 1896
  3. Lorillard v. . ClydeNew York Court of Appeals · 1894
  4. Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
  5. Ben C. Jones & Co. v. Gammel-Statesman Publishing Co.Texas Supreme Court · 1907

61 more not listed; retrieve them via the Exa API.

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