Fox v. . Arctic Placer Mining Milling Co.
New York Court of Appeals
}■ Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1919, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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}■ Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1919, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. If there were an agreement, either express or implied in fact, between the plaintiff and the defendant to pay for his services, and if such services were outside of plaintiff’s duties as director and vice-president of the corporation, the court erred in refusing…
1Opinion of the Court
The plaintiff, a mining engineer, seeks to recover the reasonable value of his personal services claimed to have been rendered to the defendant between the first day of November, 1913, and the first day of April, 1915, at its special request therefor.
The defendant is a mining corporation and was engaged in the business of mining in Alaska, having an office in New York city.
During the times referred to, plaintiff was vice-president and a director of the defendant and owned one thousand shares of its capital stock of the par value of $5,000, for which he paid $50.
In 1908, under the defendant's…
2Cases cited8 opinions
- Corinne Mill, Canal & Stock Co. v. ToponceSupreme Court of the United States · 1894
- Young v. United States Mortgage & Trust Co.New York Court of Appeals · 1915
- Bagley v. Carthage, Watertown & Sackets Harbor RailroadNew York Court of Appeals · 1900
- Barney v. FullerNew York Court of Appeals · 1892
- Barril v. Calendar Insulating & Water-Proofing Co.New York Supreme Court · 1888
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3Cited by22 opinions
- Robinson v. . MunnNew York Court of Appeals · 1924
- Shapira v. United Medical Service, Inc.New York Court of Appeals · 1965
- Alexander v. Equitable Life Assurance SocietyNew York Court of Appeals · 1922
- Aries Ventures Ltd. v. Axa Finance S.A.District Court, S.D. New York · 1990
- In re the Estate of LongNew York Surrogate's Court · 1932
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