Keyes v. George C. Flint Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John J. Keyes, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of January, 1902, denying the plaintiff’s motion for an order precluding the defendant from giving evidence on the trial of the action of the accounts aliened in its answer and counterclaim or of the items thereof, and for a bill of particulars of such answer and counterclaim.
1Opinion of the Court
Laughlin, J.:
This action is brought for an accounting on a contract by' which defendant employed plaintiff to manage its shipping department on a guaranteed weekly salary and a percentage of the net profits and for the recovery of the balance found due to plaintiff on such accounting. The complaint charges that defendant’s books do not correctly show the account and that false entries of credits to plains tiff and of the net profits have been made therein. The principal material allegations of the complaint are denied. The answer, for a fourth defense and counterclaim, repeats the allegations…
2Cases cited1 opinion
- Fruin-Bambrick Construction Co. v. MarksAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Kelly-How-Thomson Co. v. Merritt Development Co.Supreme Court of Minnesota · 1920
- Hudnut Realty Co. v. MahoneyAppellate Terms of the Supreme Court of New York · 1909
- First Trust & Deposit Co. v. RubinNew York Supreme Court · 1935
- Lundberg v. RondeAppellate Division of the Supreme Court of the State of New York · 1911