Hotel Register Co. v. Osborne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Hotel Register Company of New York, from an interlocutory 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 5th day of March, 1903, upon’the decision of the court, rendered after á trial at the New York Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
McLaughlin, J.:
The' complaint in this action alleges, in substance,' that in pursuance of two certain contracts, which are annexed to and made-a part of the complaint, the defendant entered into and continued for a time in the employ of the plaintiff, and while acting in that capacity did certain business and collected various sums of money, for which he has not accounted, notwithstanding that he has been requested so to do, and that the plaintiff has no means of ascertaining the amount of business done or the money collected. The contracts referred to provided that the, plaintiff would pay…
2Cases cited3 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Middleton v. AmesAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by9 opinions
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Rhodes v. Little Falls Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Union Guardian Trust Co. v. Broadway National Bank & Trust Co.New York Supreme Court · 1930
- Superior Brassiere Co. v. ZimetbaumAppellate Division of the Supreme Court of the State of New York · 1925
- Gillespie v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1904
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