Howe v. . Savory
New York Court of Appeals
This action was to recover the balance of an account. The answer set up the non-joinder of A. T. Savory, as plaintiff, and a counter-claim. Plaintiff was in the employ of defendants as confidential clerk; the latter had a house in New York and one in Buenos Ayres. Plaintiff made certain purchases in New York consigned to defendants at Buenos Ayres.
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This action was to recover the balance of an account. The answer set up the non-joinder of A. T. Savory, as plaintiff, and a counter-claim. Plaintiff was in the employ of defendants as confidential clerk; the latter had a house in New York and one in Buenos Ayres. Plaintiff made certain purchases in New York consigned to defendants at Buenos Ayres. It was contemplated before the purchase that A. T. Savory should furnish half the capital and have a half interest in the adventure. The first shipments were paid for by defendant’s check, the last by moneys raised on the joint notes of plaintiff…
1Opinion of the Court
Earl, C.,
reads for reversal, without costs to either party in this court, unless plaintiff will stipulate to deduct from his judgment the sum of $491.92, in which case judgment affirmed without costs in this court.
All concur.
Judgment accordingly.
2Cited by4 opinions
- Diamond v. OreamunoAppellate Division of the Supreme Court of the State of New York · 1968
- In re the Estate of BrowningNew York Surrogate's Court · 1941
- In re the Estate of BrowningNew York Surrogate's Court · 1939
- Labinsks v. HolstAppellate Terms of the Supreme Court of New York · 1903