Taylor v. Root
New York Court of Appeals
Thomas D. Taylor and others sued Russell 0. Root in the supreme court, in 1861, for an accounting in reference to the profits of a joint publication. In 1857 the parties undertook the publication of a Marine Register, and supplements.
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Thomas D. Taylor and others sued Russell 0. Root in the supreme court, in 1861, for an accounting in reference to the profits of a joint publication. In 1857 the parties undertook the publication of a Marine Register, and supplements. Plaintiffs were to furnish the reports and all other matter for publication; and defendants were to print, publish, deliver the the work, collect the subscriptions, pay expenses, and to account annually as follows: "The remainder or net proceeds . . . shall be divided in five equal parts, two of which shall be retained and become the property of the said R. 0.…
1Opinion of the Court
By the Court.
Woodruee, J.
1. The agreement, set forth in the complaint herein as the foundation of the action, required the defendants to divide the net proceeds of the publication of the New York Register, &c., into five parts. Two of these parts the defendants were to retain to themselves, and one of the remaining three parts they w.ere to pay to each of the plaintiffs.
The plaintiffs were entitled to an accounting; but although they joined in an action to compel the defendants to render an account, they could not thereby change the several nature of their respective claims to payment. When…
2Cited by3 opinions
- Bien v. FreundAppellate Division of the Supreme Court of the State of New York · 1898
- Chestnut Hill Industries, Inc. v. Regal Accessories, Inc.New York Supreme Court · 1962
- O'Brien v. . YoungNew York Court of Appeals · 1884