Dibble v. . Dimick
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the City and County of New York, entered upon an order made June 5, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover commissions claimed to be due plaintiff as a salesman in defendant’s employ. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas for the City and County of New York, entered upon an order made June 5, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover commissions claimed to be due plaintiff as a salesman in defendant’s employ. The facts, so far as material, are stated in the opinion. The referee found facts unsupported by any testimony, which findings were duly excepted to by the defendant, and the General Term erroneously refused to review the testimony, thus presenting a…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered in this case a balance which he claimed was due to him for compensation as a salesman in the employ of the defendant. The issue presented by the pleadings was one of fact involving the terms and conditions of the original contract under which the service was performed. The complaint alleged that the plaintiff had performed services for the defendant as a salesman at his express request from November 15th, 1889, to January 20th, 1891, and that such services were of the value and were rendered for the agreed compensation of $4,100. That the plaintiff had been paid the…
2Cases cited2 opinions
- Porter v. . SmithNew York Court of Appeals · 1887
- Snebley v. . ConnerNew York Court of Appeals · 1879
3Cited by21 opinions
- Hedeman v. Fairbanks, Morse & Co.New York Court of Appeals · 1941
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Koehler v. . HughesNew York Court of Appeals · 1896
- Lenchitsky v. H. J. Sandberg Co.Oregon Supreme Court · 1959
- Cunningham v. SpringerNew Mexico Supreme Court · 1905
16 more not listed; retrieve them via the Exa API.