Morrison v. Ogdensburgh & Lake Champlain Railroad
New York Supreme Court
THE above entitled causes are between the same parties, and the same question arises in each.1 The first above entitled action was to recover for services of the plaintiff, as agent for the defendants in the purchase of wood and timber, for the use of the defendants’ road, during the months of August, September and October, 1866, claiming under a special agreement, at $1000 per annum.
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THE above entitled causes are between the same parties, and the same question arises in each.1 The first above entitled action was to recover for services of the plaintiff, as agent for the defendants in the purchase of wood and timber, for the use of the defendants’ road, during the months of August, September and October, 1866, claiming under a special agreement, at $1000 per annum. The second above entitled action was to recover damages, alleged to have been sustained by the railroad company by reason of the defendant, having acted as their agent in the purchase of wood, and, while doing…
1Opinion of the Court
By the Court, James, J.
The nonsuit was put upon the ground that'Morrison, while in the railroad company’s employ could accept no employment hostile to the interest of his employer, and that having done so, and received remuneration therefor, it afforded good and sufficient ground for Ma diacharge. And the verdict in the other case was based *179on the same principle, that being the agent of the railroad company, he could not take a- commission from the vendor of property purchased upon, his advice, by his principal, and hold it as against said principal.
There was no question of fact for the jury…
2Cases cited1 opinion
- Reed v. WarnerNew York Court of Chancery · 1836
3Cited by8 opinions
- In re the Estate of BrowningNew York Surrogate's Court · 1941
- Bradley v. DavidsonCourt of Appeals for the D.C. Circuit · 1918
- Tucker v. Philadelphia & Reading Coal & Iron Co.New York Supreme Court · 1889
- Hubbard v. New York, N. E. & W. Investment Co.U.S. Circuit Court for the District of Massachusetts · 1882
- In re the Estate of BrowningNew York Surrogate's Court · 1939
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