Lindsay v. Gager
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Alfred Lindsay against Mary M. Gager and Frank P. Abbot, as executor of the will of O. A. Gager, for services rendered. From that part of the interlocutory judgment which sustained plaintiff's demurrer to two defenses in the answer, defendants appeal. From that part of said judgment which overruled plaintiff’s demurrer to another defense, plaintiff appeals.
1Opinion of the CourtWillard Bartlett, J.
The allegations of the complaint, so far as it is necessary to consider 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 china ware in the city of Hew 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: Gager, or by the firm at…
2Cases cited7 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
- Young v. JonesSupreme Judicial Court of Maine · 1875
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