Consolidated Machinery & Wrecking Co. v. Harper Machinery Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harper Machinery Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of February, 1919, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 10th day of February, 1919, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The facts are substantially stated in the opinion of Mr. Justice Smith. The parties having entered upon a joint adventure, an action at law cannot be maintained to recover a share of the profits by one of the parties against the other unless there has been an accounting, a balance struck and an express promise to pay. The theory of the plaintiff’s case is that an account became stated between the parties by the execution of the agreement of May 8, 1918, and that plaintiff thereby became entitled to receive as its share of the profits of the joint enterprise the sum of $10,000. The…
2Cases cited2 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Woodriff v. HunterAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Ebker v. Tan Jay International Ltd.District Court, S.D. New York · 1990
- Holmes v. PottsMontana Supreme Court · 1957
- Stratavest Ltd. v. RogersDistrict Court, S.D. New York · 1995
- Holmes v. PottsMontana Supreme Court · 1957