Smith v. Ogilvie
New York Supreme Court
Appeal from special term. Hew York county. Action by Ormond G. Smith and others, successors in business to Street & Smith, against John ti. Ogilvie, to cancel two receipts given him in settlement o£ claims against him by Street & Smith, which came into the hands of plaintiffs. The complaint was dismissed after trial, and plaintiffs appeal.
1Opinion of the CourtVan Brunt, P. J.
This action was brought by the plaintiffs as successors of the firm of Street & Smith against the defendant, to set aside as fraudulent a certain settlement made between the plaintiffs and defendant in reference to royalties agreed to be paid by the defendant under an agreement with the predecessors of the plaintiffs. Prior to the time of the agreement out of which the question as to royalties arose, Francis S. Street and Francis S. Smith formed the copartnership of Street & Smith in publishing the New York Weekly, a newspaper. Street was also a member of the firm of J. S. Ogilvie & Co.,…
2Cases cited3 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Marston v. . GouldNew York Court of Appeals · 1877
- Ensign v. NelsonNew York Supreme Court · 1888