Matherson v. Belden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Belden, from an interlocutory judgment of the Supreme Court- in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of January, 1895, upon the decision of the court rendered after a trial, at the New York Special Term, and also from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of November, 1895, upon…
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Appeal by the defendant, Henry Belden, from an interlocutory judgment of the Supreme Court- in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of January, 1895, upon the decision of the court rendered after a trial, at the New York Special Term, and also from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of November, 1895, upon the decision of the court rendered after a trial at the New York Special Term upon an accounting. This appeal was…
1Opinion of the Court
Cullen, J.:
The plaintiff and defendants entered into an agreement whereby the defendants were to organize a railroad company and make with it a contract for the construction of its road, taking the bonds and stockspf the company in payment; the defendants were to construct the road and dispose of the securities, and the profits, whether cash, securities or property, were to be divided between the parties, one-half to the plaintiff and one-quarter to each of the defendants. During the progress of the work the defendants became financially embarrassed and disputes arose between them. These were…
2Cases cited3 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Luddington v. . BellNew York Court of Appeals · 1879
- Smith & Marshall v. RogersNew York Supreme Court · 1820
3Cited by2 opinions
- Davis v. TrueAppellate Division of the Supreme Court of the State of New York · 1903
- Post v. ThomasAppellate Division of the Supreme Court of the State of New York · 1912