Robinson v. . Jewett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the January Term, 1888, which affirmed a judgment in favor of the defendant entered upon a report of the referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the January Term, 1888, which affirmed a judgment in favor of the defendant entered upon a report of the referee. The action was brought to recover one-fiftli of the net profits of the Fortieth street stock yards, in New York city, during the period from September 1, 1877, to October 1, 1878, and was founded upon the following alleged contract: “ Whereas, Charles Robinson has leased from Charles E. Appleby certain lands and premises, situated upon Thirty-ninth,…
1Opinion of the CourtBrown, J.
If it was necessary to the determination of this case, to decide whether the evidence showed that profits were earned at the premises described in the lease to the plaintiff during the period mentioned in the complaint, we should feel constrained to differ with the learned referee upon that question of fact, and hold that the undisputed testimony was that profits were earned.
The guaranty was “ of one fifth of the net profits arising from the business to be carried on upon said premises, or from their use a/nd ooeupationf and it appears, without dispute, that during the period covered by this…
2Cases cited6 opinions
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Phyfe v. Wardell & WoolleyNew York Court of Chancery · 1835
- Crosby v. . WoodNew York Court of Appeals · 1852
- Struthers v. . PearceNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Hamer v. . SidwayNew York Court of Appeals · 1891
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902
- King v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1895
44 more not listed; retrieve them via the Exa API.