Spain v. Talcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Talcott, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of January, 1914, upon the decision of the court, after a trial at the New York Special Term. ■The judgment directed an accounting between the parties,
1Opinion of the Court
Scott, J.:
This action is brought in equity for an accounting. Plaintiff is an importer of and dealer in certain classes of merchandise. Defendant describes himself in his answer as a banker and commission merchant.
The relation between the parties began with a written contract dated July 21, 1902, under which, as defendant claims, he became a factor for plaintiff, agreeing to make advances against merchandise and accounts payable, and in connection therewith to perform such services for- plaintiff as are usually performed by factors. Plaintiff, on the other hand, claims that the contract was a…
2Cases cited13 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Young v. . HillNew York Court of Appeals · 1876
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Houghton v. BurdenSupreme Court of the United States · 1913
- Cockle v. FlackSupreme Court of the United States · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Maloney v. Howard Johnson, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
- People v. Service Institute, Inc.New York Supreme Court · 1979
- In re Liberty Doll Co.District Court, S.D. New York · 1917
- Newburger-Morris Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1916
- Fulton v. IngallsAppellate Division of the Supreme Court of the State of New York · 1915
3 more not listed; retrieve them via the Exa API.