Fraker v. Hyde (205 N.Y. 574, 1912)

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.