Jackson v. . Strong
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1915, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The character of an action is determined by the allegations of the complaint and the issues are formed and limited-by the pleadings.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1915, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The character of an action is determined by the allegations of the complaint and the issues are formed and limited-by the pleadings. (Welsh v. Darragh, 52 N. Y. 590; Neudecker v. Kohlberg, 81 N. Y. 297; Untermyer v. Beinhauer, 105 N. Y. 521; Steck v. Colorado Fuel & Iron Co., 142 N. Y. 236; Thomas v.…
1Opinion of the CourtCuddeback, J.
The complaint in this action sets 'forth that the plaintiff and the defendant Strong, who are attorneys at law, entered into a contract to prosecute for their joint benefit a negligence case. One William Simons had been killed in an accident, caused, as it was said, by the carelessness of the International Railway Company.
The plaintiff and Strong agreed, as the complaint shows, to investigate the circumstances of Simons’ death and ascertain if his personal representatives had a cause of action against the railway company and to bring suit against the company if it was ascertained that a cause…
2Cases cited7 opinions
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Arnold v. . AngellNew York Court of Appeals · 1875
- Lamphere v. . LangNew York Court of Appeals · 1915
- Freeman v. MillerAppellate Division of the Supreme Court of the State of New York · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Doyle v. Allstate InsuranceNew York Court of Appeals · 1956
- Weisman v. Awnair Corp. of Am.New York Court of Appeals · 1957
- International Photo Recording Machines, Inc. v. Microstat Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- Equitable Trust Co. of New York v. Denver & R. G. R.Court of Appeals for the Second Circuit · 1918
- Lane v. Mercury Record Corp.Appellate Division of the Supreme Court of the State of New York · 1964
21 more not listed; retrieve them via the Exa API.