Cozzens v. American General Engineering Co.

Critically examined, this complaint sets forth no more than the breach of a contractual duty upon the part of the defendant engineering company to pay the plaintiff something which may be due him as his agreed compensation, measured by a percentage of the net profits of its business. The other corporations, who are joined as defendants for the purposes of the general accounting which is sought, have made no contract with the plaintiff; and his *394remedy, which a common law action adequately affords (Black v. Vanderbilt, 70 App. Div. 16), is against the party who agreed to pay him.

While it is…