Jones v. . Gould
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 2, 1912, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 2, 1912, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. This action was brought by the plaintiff, respondent, to recover for money alleged to have been expended and labor alleged to have been performed in and in connection with the purchase of about 18,000 acres of coal land in Ohio for or on behalf of the Little Kanawha Syndicate or the defendants, appellants, as managers of said syndicate. In its broad outlines the plaintiff,…
1Per curiam
We are of opinion that under the syndicate agreement the relation between the subscribers and the managers (the defendants, appellant) was not that of principal and agents (though doubtless fiduciary), but that the managers themselves became the principals in any contract which they might make. The agreement recites that it was proposed by the defendants Gould, Ramsey and Guy to purchase the Little Kanawha railroad, a line extending from Parkersburg, West Virginia, up the Little Kanawha river, to extend the same eastwardly, to purchase and build a railroad from Parkersburg to Zanesville,…
2Cases cited4 opinions
- Downey v. . FinucaneNew York Court of Appeals · 1912
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
- Salter v. . HamNew York Court of Appeals · 1865
- Williams v. . GilliesNew York Court of Appeals · 1878
3Cited by8 opinions
- Brown v. BedellNew York Court of Appeals · 1934
- Wrenn v. MoskinAppellate Division of the Supreme Court of the State of New York · 1929
- Byrnes v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1928
- Wild v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1933
- Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1926
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