Crittenden v. Johnston
Appellate Division of the Supreme Court of the State of New York
• ' Appeal by the defendant, Robert A¡ Johnston, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 10th day of FeM ruary, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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• ' Appeal by the defendant, Robert A¡ Johnston, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 10th day of FeM ruary, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for the breach of a contract for the running of a- hotel or boarding house. In 1893 the defendant was the owner and in possession of a hotel or boarding house…
1Opinion of the Court
Williams, J.:
The question as to whether the agreement was made, as testified to-by plaintiff,- was one of fact for the jury. The only,question as to the agreement itself is, whether an agreement to conduct'the business- “ on shares ” was in effect one providing that the plaintiff .and defendant should share equally in the net profits of the business. N o such question as this was suggested in express terms at the trial.. It was not suggested that there- was any variance between the agreement sworn to- by. the plaintiff and the one alleged in the complaint. The learned trial court submitted to…
2Cases cited3 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Bagley v. . SmithNew York Court of Appeals · 1853
3Cited by2 opinions
- Cutting v. MinerAppellate Division of the Supreme Court of the State of New York · 1898
- Stowell v. Manufacturers & Merchants' InsuranceAppellate Division of the Supreme Court of the State of New York · 1901