p. 573Ralph G. Albrecht, as Ancillary Administrator of the Estate of Maurice C. Mansfield, Respondent, v. The Robert Dollar Company, Appellant, Impleaded with Others. (Argued June 4, 1926; decided July 9, 1926.)
Headnote
Contract — services — action to recover share of earnings of a syndicate which plaintiff’s intestate had been instrumental in forming and in the work of which he had assisted.Albrecht v. Dollar Co., 216 App. Div. 701 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,
p. 574
entered March 16, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought to recover intestate’s share in certain funds collected by defendant as assignee of the interests of a syndicate formed for the purpose of entering into a contract with the Russian government for the manufacture and deliverance of shrapnel shells. For organizing and assisting in the work of the syndicate, it had been specified that intestate was to receive the sum of five cents per shell.
Judgment affirmed, with costs;
Frederic E. Mygatt, Roger B. Siddall and John M. Woolsey for appellant.
Amos J. Peaslee and A. Lewis Spitzer for respondent.
no opinion.
Concur: Cardozo, Pound, Crane, Andrews and •Lehman, JJ.
Dissenting: Hiscock, Ch. J., and McLaughlin, J.