Lindsay v. Gager
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred Lindsay, from so much of an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 17th day of June, 1896, as overrules the plaintiff’s demurrer to the second defense contained in the third subdivision of the defendants’ second amended answer.
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Appeal by the plaintiff, Alfred Lindsay, from so much of an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 17th day of June, 1896, as overrules the plaintiff’s demurrer to the second defense contained in the third subdivision of the defendants’ second amended answer. Also, an appeal by the defendants, Mary M. Gager and Frank F. Abbot, as sole executors, etc., oí O. A. Gager, deceased, from so much of said judgment at sustains the plaintiff’s demurrer to the third separate defense contained in the fourth…
1Opinion of the Court
Willard Bartlett, J.:
The allegations of the complaint, so far as it is necessary to con.-. •sider them upon the present appeal, may be summarized as follows :
The defendants’ testator, O. A. Gager, was the senior member of -a firm consisting of himself, Frank P. Abbot and Frederick Haviland, who were engaged in the business of importing and selling cliinaware in the city of New York. From about June, 1886, to •about August, 1888, under an agreement with O. A. Gager individually, the plaintiff rendered services to said firm as salesman and received compensation therefor which was paid by O. A.…
2Cases cited6 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Keteltas v. . MyersNew York Court of Appeals · 1859
- First Nat. Bank v. WallisNew York Supreme Court · 1895
- Lestienne v. ErnstAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tew v. WolfsohnAppellate Division of the Supreme Court of the State of New York · 1902
- Furculi v. BittnerCity of New York Municipal Court · 1910
- Burch v. EatonNevada Supreme Court · 1925
- Van Allen v. Shulenburgh, New York County Courts1908