Emery v. . Wilson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as executrix of the will of James W. Emery, deceased, upon the following instrument executed by defendant.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as executrix of the will of James W. Emery, deceased, upon the following instrument executed by defendant. “ New York, January 1, 1873. “I hereby agree to pay to Mr. James W. Emery four and three-eighths per cent of the net ascertained profits of the existing firm of John T. Wilson & Company, as the same may be during the year 1873. “ JOHN T. WILSON.” Said Emery, the defendant,…
1Opinion of the CourtDanforth, J.
The writing on which this action is brought amounts to something moro than a naked promise on the part of the person signing it. It indicates a contract having the consent of Wilson and Emery to the stipulations expressed in or to be fairly implied from it. Although signed by Wilson only, it was accepted by Emery, and its cause or consideration sufficiently appears. It is dated January 1, 1873, refers to the firm of John T. Wilson & Company, as then existing, and the undertaking on the part of Wilson could become operative only by its continuance, for it is according to the sum of profits of…
2Cases cited1 opinion
- Burnett v. . SnyderNew York Court of Appeals · 1879
3Cited by5 opinions
- Szymanska v. Equitable Life InsuranceSuperior Court of Delaware · 1936
- Rogers v. . WileyNew York Court of Appeals · 1892
- Melville v. . KruseNew York Court of Appeals · 1903
- Danolds v. LordNew York Supreme Court · 1894
- Goodbody v. MargiottiSupreme Court of Pennsylvania · 1936