The Miscellaneous Reports 22

Cover The Miscellaneous Reports 22
The Miscellaneous Reports 22
New York (State). Superior Court (New York)
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(2d ed.), 91, and ca^es cited. In this case it is apparent that for satisfactory reasons the by-law fixing the salary of the president of this companv ceased to be operative within a year after the company was organized and that a usage NOTARuV V. De KAMALAKIS. 337 Misc.] Supreme Court, Appellate Term, January, 1898.
was substituted whereby the compensation of that officer was fixed* from time to time by agreement There seems' to have been no action by the parties which warranted a finding that
... it bad ever been restored to the original sum, and so the verdict for the plaintiff rests upon no legal foundation.
Judgment reversed and new trial ordered, with costs to appellant to abide event.
Mo Ad AM, J., concurs.
Judgment reversed and new trial ordered, with costs to appellant to abide event.
Michael Notara et al.. Appellants, v. Constantine De Kama- LARis, Respondent.
(Supreme Court, Appellate Term, January, 1898.) 1. Bar — Another action pending — When another cause of action need not be pleaded by the defendant.


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