Hathaway v. Russell
The Superior Court of New York City
The action was brought by Samuel Hathaway against Henry Russell and William Watson. Plaint: iff alleged that Russell was, for a long time, plaintiff’s agent and business superintendent, under employment of his entire services, and that he failed to account for the profits of the business, and that he diverted business, particularly that of defendant Watson, a customer, and threatened to collect, for his own benefit, what was due from Watson.
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The action was brought by Samuel Hathaway against Henry Russell and William Watson. Plaint: iff alleged that Russell was, for a long time, plaintiff’s agent and business superintendent, under employment of his entire services, and that he failed to account for the profits of the business, and that he diverted business, particularly that of defendant Watson, a customer, and threatened to collect, for his own benefit, what was due from Watson. Plaintiff asked an accounting and an injunction. Defendant answered, and the action was referred to Wm. Gr. .Nicoll, Esq., to hear and determine all the…
1Opinion of the CourtFreedman, J.
The referee to whom it was referred to hear and determine the issues, reported only in favor of plaintiff’s right to an accounting within certain limits, but did not take and state the account between the parties. This course was adopted in order to facilitate a review of his decision before putting the parties to the expense of a long accounting, and the *146plaintiff now applies for an interlocutory judgment, in conformity with the report. This practice has prevailed before the New Code (2 Van Santvoord’s Eq. 194, 195), and I cannot find that the latter has abrogated it.
Upon the present…
2Cases cited3 opinions
- Ketchum v. ClarkNew York Supreme Court · 1856
- Palmer v. PalmerNew York Supreme Court · 1856
- Story v. BrownNew York Court of Chancery · 1833
3Cited by4 opinions
- Ensign v. NelsonNew York Supreme Court · 1888
- Ex Rel. Reinhart v. CallahanNevada Supreme Court · 1924
- Seymour v. Spring Forest Cemetery Ass'nNew York Supreme Court · 1892
- United States Life Ins. v. JordanNew York Supreme Court · 1887