McKean v. Scott
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by William B. McKean against Xenophon C. Scott. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Affirmed. '
1Opinion of the CourtBlanchard, J.
The allegation in the complaint to the effect that at the time of the employment the defendant was engaged in business under the name of Yardum & Co. is not material, since it is merely a statement that the defendant, as an individual, was carrying on business under that name. The complaint, without this allegation, states a cause of action against the defendant. It is true that, while the evidence does not connect the defendant with Yardum & Co. as an actual member of that firm, it does show conclusively that he was financially largely interested in its affairs, having loaned the firm, in…
2Cases cited3 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Hughes v. CumingAppellate Division of the Supreme Court of the State of New York · 1899
- Hughes v. CumingAppellate Division of the Supreme Court of the State of New York · 1899