Weldon v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903

Appellate Division of the Supreme Court of the State of New York · decided 1903-07-01

Appeal by the plaintiff, Walter S. Weldon, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of April, 1903, referring the issues in this action to a referee to hear and determine.

Cited by 1 later decisions — most recently May 1996

1 state decisions

Relies on Smith v. . Bodine

Good law ✅— No negative treatment on recordhow we know

Decided 1903-07-01

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Laughlin, J. (concurring):

¶1I concur in the result upon the ground, however, that this is an action at law for compensation for services determinable by profits and not an action for an accounting. It is essential to show the amount of profits in order to determine the amount of the recovery, but such an account may be taken by the court and jury, or if that be impracticable on account of the number of items, then by a referee, and is. in.no sense an equitable accounting. (Smith v. Bodine, 74 N. Y. 30; Richardson v. Hughitt, 76 id. 55 ; Code Civ. Proc. §§ 1013, 1015; Parker v. Pullman & Co., 36 App. Div. 208; McCullough v. Pence, 85 Hun, 271; Wisner v. Consolidated Fruit Jar Co., 25 App. Div. 362.)

¶2Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.