Appleby v. Brown
New York Court of Appeals
Appeal from the decision of the general term of the supreme court of the seventh district. The material facts in the case, as found by the referee before whom the cause was tried, are briefly as follows : Leonard Appleby, Edwin D. White and Charles L. Van Wiclde entered into an agreement, by which White and Van Wiclde were to go to Buffalo and open a store as tobacconists, and Appleby was to stock it at New York wholesale prices.
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Appeal from the decision of the general term of the supreme court of the seventh district. The material facts in the case, as found by the referee before whom the cause was tried, are briefly as follows : Leonard Appleby, Edwin D. White and Charles L. Van Wiclde entered into an agreement, by which White and Van Wiclde were to go to Buffalo and open a store as tobacconists, and Appleby was to stock it at New York wholesale prices. The business to be conducted in the name of White & Van Wickle. The profits to be divided, one-half to Appleby, and one-quarter each to White and Van Wickle. The…
1Opinion of the CourtDavies, J.
The right of action in this case had accrued before the adoption of the Code of Procedure, and the statutes in force at the time it accrued (in October, 1846) are applicable, and must govern in the disposition of this case. (Sec. 73 of the Code.) We must therefore recur to the provisions of law existing on this subject at that time. *210The plaintiff, seeking to enforce his „ rights, must have resorted either to an action at law or to a suit in equity. If the former, the appropriate and only action which could have been invoked, was that of the action of account as known and recognized at common…
2Cases cited1 opinion
- Jacobs v. FountainNew York Supreme Court · 1838