Peirce v. McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Peirce, from a judgment of' the Supreme Court in favor of the defendant, entered in the. office of the clerk of the county of New York on the 10th day of February, 1914, dismissing the complaint upon the decision of the court after a trial at the New York Special Term.-
1Opinion of the Court
Laughlin, J.:
This is an action against the executrix of John B. McDonald, deceased, for an accounting with respect to his profits under a contract between him and the city of New York for the construction of the original subway for the transportation of passengers; and it is based upon a parol agreement alleged to have been made between the plaintiff and McDonald, by which the plaintiff advanced to McDonald the sum of $30,000 to make up a fund of $150,000, which was required to be deposited in cash with a proposal for the work, upon an agreement by him to return it to plaintiff if it should…
2Cases cited16 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Marston v. . GouldNew York Court of Appeals · 1877
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Seaward v. . DavisNew York Court of Appeals · 1910
- Valdes v. LarrinagaSupreme Court of the United States · 1914
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3Cited by4 opinions
- Spier v. LangCalifornia Supreme Court · 1935
- May v. Hettrick Bros.Appellate Division of the Supreme Court of the State of New York · 1917
- Palmer v. ManeyIdaho Supreme Court · 1928
- King v. Riverside Alfalfa Growers' Ass'nCourt of Appeals for the Ninth Circuit · 1932