Hathaway v. Russell
The Superior Court of New York City
Appeal from interlocutory judgment. The complaint charged that plaintiff, being the owner of the stock, business and good-will of a printing office, at No. 9 Spruce street, in the city of New York, the defendant became and remained his agent in said business, and had entire charge thereof, as foreman or superintendent; that it was agreed between them that “ defendant was to devote his entire time and his best energies to plaintiff’s business, and was to account faithfully to…
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Appeal from interlocutory judgment. The complaint charged that plaintiff, being the owner of the stock, business and good-will of a printing office, at No. 9 Spruce street, in the city of New York, the defendant became and remained his agent in said business, and had entire charge thereof, as foreman or superintendent; that it was agreed between them that “ defendant was to devote his entire time and his best energies to plaintiff’s business, and was to account faithfully to plaintiff for all profits realized in said busi- ■ ness; that defendant had failed to devote, &c., and failed to…
1Opinion of the Court
By the Court.—Sedgwick, J.
The statement of the proceedings discloses that numerons and novel matters of practice are involved. The referee to hear and determine proceeded so far as to determine that the plaintiff was entitled to an accounting as to certain matters. Whether he might have proceeded to the accounting without a further order (Ludington v. Taft, 10 Barb. 447), or whether the referee should have re*108ported as he did, and then an interlocutory judgment have been moved upon notice (Bantes v. Brady, 8 How. Pr. 216), or whether the order entered should have been made ex parte, or whether…
2Cases cited2 opinions
- Ludington v. TaftNew York Supreme Court · 1851
- Bantes v. BradyNew York Supreme Court · 1853