Churchill v. Loeser
New York Supreme Court
Appeal from special term, New York county. Action by Thomas J. Churchill against Frederick Loeser and others for an accounting under a contract by which defendants employed plaintiff to buy goods for them; agreeing to pay him, as compensation, a salary of $2,400 a year, and 10 per cent, of the profits of the department of which he was to be the buyer. From an order denying a motion for an inspection of defendants’ books, plaintiff appeals. ■ Reversed.
1Per curiam
The reasons governing applications of this kind are fully stated in the opinions of the special term and of this general term in Veiller v. Oppenheim, 75 Hun, 22, 26 N. Y. Supp. 1051. Upon that authority, assuming the application to be made in good faith, it should have been granted. It is not seriously claimed that the papers used on the motion disclose any evidence of bad faith. •It is true that accounts were rendered by the defendants to plaintiff, at the time the stock was taken in each year, showing the aggregate amount of profits and losses in the departments in which the plaintiff was…
2Cases cited1 opinion
- Veiller v. OppenheimNew York Supreme Court · 1894
3Cited by1 opinion
- Hotchkiss v. LeviAppellate Division of the Supreme Court of the State of New York · 1910