# Weldon v. Brown

> Appellate Division of the Supreme Court of the State of New York · July 1, 1903 · 84 A.D. 482

URL: https://www.frixlaw.com/law-library/cases/5193568

## Case

- **Full name:** Walter S. Weldon v. James N. Brown and Henry R. Wilson
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 1, 1903
- **Citations:** 84 A.D. 482; 82 N.Y.S. 1051
- **Precedential status:** Published
- **Opinion:** Concurrence by Laughlin
- **Judges:** Ingraham, Laughlin
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5193568

## Opinion text

Laughlin, J. (concurring):
I 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 .)
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5193568. Public record. Not legal advice.