The complaint contains two counts. Tlie first alleges a fraudulent and corrupt agreement and conspiracy between the appellant, who was president of the plaintiff, and the other defendants, who composed the firm of Charles H. Raymond & Co., the defendant Thebaud being son-in-law to said McCurdy, to enrich the firm and particularly Thebaud at the expense of the plaintiff, by which the firm was to receive and did receive, as general agent of the plaintiff, compensation at special and exorbitant rates, exceeding the fair and reasonable compensation for the services rendered or to be rendered by the sum of $750,000, and other moneys aggregating $500,000, for which plaintiff was to receive and did receive no consideration, to plaintiff’s damage in the sum of $1,250,000. The observations in Mutual Life Ins. Co. v. McCurdy and McCurdy (118 App. Div. 827), argued and decided herewith, answer the objections to the order presented on this appeal, so far as the first count of the complaint is concerned, and render further discussion thereof unnecessary.
In the second count the plaintiff alleges its incorporation and that “ between the 1st day of January, 1893, and the 17th day of November, 1905, the defendants, acting jointly, wrongfully and without authority, took certain money, the property of the plaintiff,
It follows, therefore, that the order should he reversed, with ten dollars costs and disbursements, and the motion granted as to the second cause of action as indicated in this opinion.
Patterson, P. J., Ing-raham, Clarke and Scott, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted as indicated- in opinion. Settle order on notice.
