Smith v. . Bodine
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Excluding from consideration the stipulation between the parties, they had no right to proceed to an accounting.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Excluding from consideration the stipulation between the parties, they had no right to proceed to an accounting. (Pattison v. Blanchard, 5 N. Y., 186; Crater v. Bininger, 45 id., 548; Rainsford v. Rainsford, 57 Barb., 58; Worrall v. Grayson, 1 M. & W., 166; Short v. Barry, 3 Lans., 143; Cummings v. Morris, 25 N. Y., 629; Arnold v.…
1Opinion of the CourtMiller, J.
The action was brought to recover for services rendered by the plaintiff as a salesman of the defendants, for which the plaintiff was to receive a certain percentage of the profits realized from the business. The complaint embraces services for the years 1865, 1866 and 1867, but upon the trial, as will hereafter appear, the recovery was restricted to the accounts during the years 1865 and 1866.
The counsel for the appellants claims that the referee erred upon the trial in allowing an accounting to proceed between the parties. I think that the decision of the referee, and the proof introduced,…
2Cases cited3 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
- Arnold v. . AngellNew York Court of Appeals · 1875
3Cited by39 opinions
- Griffiths v. Von HerbergWashington Supreme Court · 1917
- Parker v. John Pullman & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
- Freeman v. MillerAppellate Division of the Supreme Court of the State of New York · 1913
- Hutchinson v. BirdsongAppellate Division of the Supreme Court of the State of New York · 1925
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