Legal Opinion

Strauss v. Von Tobel

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1909PublishedCited by 3 opinions

Appeal by the defendants, Jacob Yon Tobel and another, copartners, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New Yoik on the 10th day of February, 1909, granting the plaintiff’s motion for a discovery and inspection of the books of the defendants.

1Opinion of the Court

Houghton, J.:

The plaintiff had a contract with the defendants to act as selling agent of all products manufactured by them. His compensation was to be seven and one-half per cent on the selling price of all goods sold. The plaintiff claims that the defendants have not properly accounted to him and have not paid his full commissions, and he has obtained an order for inspection of all the business books of the defendants covering the period in controversy.

This court expressly held in Harbaugh v. Middlesex Securities Co. (110 App. Div. 633) that an order for the general examination by a former…

2Cases cited3 opinions

  1. Thomas v. Guy B. Waite Co.Appellate Division of the Supreme Court of the State of New York · 1906
  2. Harbaugh v. Middlesex Securities Co.Appellate Division of the Supreme Court of the State of New York · 1906
  3. Pfaelzer v. GassnerAppellate Terms of the Supreme Court of New York · 1907

3Cited by3 opinions

  1. Clynne v. Scharf Bros. & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
  2. Ortman v. BeileyAppellate Division of the Supreme Court of the State of New York · 1914
  3. Coslow v. MawhinneyAppellate Terms of the Supreme Court of New York · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API