Stone v. Freeman
New York Court of Appeals
I. Tbe transactions alleged in tbe counterclaims were illegal and contrary to public policy. (Sirkin v. Fourteenth St. Store, 124 App. Div. 384; Matter of McNally, 252 App. Div. 550; Matter of Browning, 176 Mise. 308.) II. Tbe illegality of the agreements as pleaded precludes resort to tbe courts by tbe parties thereto, whether such resort be for tbe purpose of enforcing performance of tbe agreements or for tbe purpose of recovering back performance already rendered.
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I. Tbe transactions alleged in tbe counterclaims were illegal and contrary to public policy. (Sirkin v. Fourteenth St. Store, 124 App. Div. 384; Matter of McNally, 252 App. Div. 550; Matter of Browning, 176 Mise. 308.) II. Tbe illegality of the agreements as pleaded precludes resort to tbe courts by tbe parties thereto, whether such resort be for tbe purpose of enforcing performance of tbe agreements or for tbe purpose of recovering back performance already rendered. (Tates v. Foot, 12 Johns. 1; Ruckman v. Pitcher, 1 N. Y. 392; Knowlton v. Congress & Empire Spring Co., 57 N. Y. 518; Perkins…
1Opinion of the CourtDesmond, J.
Tbe snit is by a broker or agent for bis commissions earned in arranging a sale by defendant, who is a jobber of clotbing, to tbe French Purchasing Mission,, in New York City, in 1946. However, tbe sole question here is as to tbe sufficiency of two counterclaims. For present purposes, those counterclaims may be treated as one, since each alleges these same things: that defendant (vendor) agreed to pay, and did pay to plaintiff (broker) certain sums, on plaintiff’s agreement that be would divide those sums with an employee or representative of tbe French Supply Council (vendee), but that…
2Cases cited18 opinions
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Reiner v. North American Newspaper AllianceNew York Court of Appeals · 1932
- Flegenheimer v. BroganNew York Court of Appeals · 1940
- Schley v. . AndrewsNew York Court of Appeals · 1919
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
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- Beth Israel Medical Center v. Horizon Blue Cross & Blue Shield of New Jersey, Inc.Court of Appeals for the Second Circuit · 2006
- Beth Israel Medical Center v. Horizon Blue Cross And Blue Shield Of New Jersey, Inc.Court of Appeals for the Second Circuit · 2006
- The Honorable Karen Weldin Stewart, CIR-ML, Insurance Commissioner v. Wilmington Trust SP Services, Inc.Court of Chancery of Delaware · 2015
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