Hart v. L. D. Garrett Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur W. Hart, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 21st day of October, 1903, striking the above-entitled cause from the calendar.
1Opinion of the Court
Laughlin, J.:
The only ground upon which this motion was based is that this is a suit in equity and not an action at law. We are of opinion that the plaintiff was entitled to a jury trial of the issues upon the ground that this is an action at law. It is alleged in the complaint that the defendant contracted in writing with the plaintiff to pay him one-fifth of the net profits realized by the defendant on a sale of any insurance company or any insurance company’s stock to a purchaser procured by the plaintiff, such payment to be made as soon as the defendant received its compensation or…
2Cases cited4 opinions
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Smith v. . BodineNew York Court of Appeals · 1878
- McCullough v. PenceNew York Supreme Court · 1895
- Chaurant v. MaillardAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Watts v. Equitable Life Assurance SocietyNew York Supreme Court · 1907
- Voicly v. AielloAppellate Terms of the Supreme Court of New York · 1910
- MacLauchlan v. BehreAppellate Division of the Supreme Court of the State of New York · 1931