Fruin-Bambrick Construction Co. v. Marks
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Fruin-Bambrick Construction Company, 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 February, 1899, denying its motion for a bill of particulars of the counterclaim set forth in the defendant’s answer.
1Opinion of the Court
O’Brien, J.:
The action is on a promissory note for $1,000. The answer does not deny the allegations of the complaint, but sets up a counterclaim for $69,864.44, growing out of an alleged employment of the defendant by the plaintiff as an agent to obtain contracts in the city of New York, and an agreement to pay to the defendant for such services a sum equal to one-half of the profits. The defendant alleges that he obtained various contracts under this agreement, and that the profits amounted to $150,000 upon which, as compensation, $4,135.66 was paid, leaving the sum mentioned in the…
2Cited by2 opinions
- Keyes v. George C. Flint Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Hudnut Realty Co. v. MahoneyAppellate Terms of the Supreme Court of New York · 1909