Fraker v. . A.G. Hyde Sons

New York Court of Appeals

Fraker v. . A.G. Hyde Sons

98 N.E. 1103, 205 N.Y. 574, 1912 N.Y. LEXIS 1319

DecidedApril 30, 1912

StatusPublished

This text of 98 N.E. 1103 (Fraker v. . A.G. Hyde Sons) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fraker v. . A.G. Hyde Sons, 98 N.E. 1103, 205 N.Y. 574, 1912 N.Y. LEXIS 1319 (N.Y. 1912).

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Opinion

Judgment reversed and a new trial granted, with costs to abide the event, unless within twenty days the plaintiff stipulates to deduct from the recovery the sum of $4,200 of principal with proper proportion of interest, in which case the judgment as so reduced is affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Chase and Collin, JJ. Hisoock, J., dissents on the ground that the plaintiff did not establish the right to recover percentage on profits.

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Judgment reversed and a new trial granted, with costs to abide the event, unless within twenty days the plaintiff stipulates to deduct from the recovery the sum of $4,200 of principal with proper proportion of interest, in which case the judgment as so reduced is affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Chase and Collin, JJ. Hisoock, J., dissents on the ground that the plaintiff did not establish the right to recover percentage on profits.

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Bluebook (online)

98 N.E. 1103, 205 N.Y. 574, 1912 N.Y. LEXIS 1319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraker-v-ag-hyde-sons-ny-1912.