Legal Opinion

Byrne v. Barrett

New York Court of Appeals

Decided July 11, 1935PublishedCited by 63 opinions

Defendant is liable to account to the plaintiffs for interfering with the plaintiffs’ contract wrongfully and in violation of his fiduciary obligations.

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Defendant is liable to account to the plaintiffs for interfering with the plaintiffs’ contract wrongfully and in violation of his fiduciary obligations. (Gilder v. Davis, 137 N. Y. 504; Domini-cis, 251 N. Y. 305; Taneribaum v. Boehm, 202 N. Y. 289; Lloyd v. Matthews, 51 N. Y. 124; Meinhard v. Salmon, 249 N. Y. 458; Munson v. Syracuse, G. & C. B. R. Co., 103 N. Y. 58; Essex Trust Co. v. Enwright, 214 Mass. 507; Gower v. Andrew, 59 Cal. 119; David v. Hanley, 108 Ill. 39; Beatty v. Guggenheim Exploration Co., 225 N. Y. 380.) Resignation does not affect the disability of an agent from using…

1Opinion of the CourtCrouch, J.

Defendant was employed as a salesman for plaintiffs, a firm of real estate brokers, his compensation being fifty per cent of commissions earned as a result of negotiations conducted by him in their behalf. His employment was oral and terminable at will. In February, 1929, he learned that the New York Trust Company was considering the erection of a bank and office building on premises occupied by it under a long term lease with privilege of renewals. A bank officer acquainted him generally with the bank’s requirements for such a building, and authorized him to find a purchaser willing to…

2Cases cited3 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Kaumagraph Co. v. . Stampagraph Co.New York Court of Appeals · 1923
  3. Little v. GallusAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by63 opinions

  1. North Atlantic Instruments, Inc., Plaintiff-Counter-Defendant-Appellee v. Fred Haber and Apex Signal Corp., Defendants-Counter-Claimants-AppellantsCourt of Appeals for the Second Circuit · 1999
  2. Duane Jones Co. v. BurkeNew York Court of Appeals · 1954
  3. Diamond v. OreamunoNew York Court of Appeals · 1969
  4. Lynn v. LynnNew York Court of Appeals · 1951
  5. Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936

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