Smith v. London Assurance Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Arthur W. Smith and others, from án interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of December, 1904, upon the decision of the court rendered after a trial at the Kings County Special-Term.
1Opinion of the Court
Hooker, J.:. The action is to recover for services rendered to the defendant by the plaintiffs in their capacity’ as public accountants. The answer admits a small payment o.n account, as alleged in the complaint, avers that such payment was in full of the plaintiffs’ claim, and includes a counterclaim for a large sum of money embezzled by one of the defendant’s employees, which embezzlement the defendant claims would not and could not have occurred except for a breach of plaintiffs’ contract of employment. The plaintiffs demurred to the counterclaim on the ground that it does not state facts…
2Cases cited1 opinion
- Carpenter v. . BlakeNew York Court of Appeals · 1872
3Cited by5 opinions
- National Surety Corp. v. LybrandAppellate Division of the Supreme Court of the State of New York · 1939
- L. B. Laboratories, Inc. v. MitchellCalifornia Supreme Court · 1952
- Bancroft v. Indemnity Insurance Co. of North AmericaDistrict Court, W.D. Louisiana · 1962
- Maryland Casualty Co. v. CookDistrict Court, E.D. Michigan · 1940
- Stanley L. Bloch, Inc. v. KleinNew York Supreme Court · 1965