Amsden v. Dunham
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Alleghany county. Action by Orville O. Amsden against William C. Dunham, im-pleaded with another. From a judgment entered on a referee’s report in favor of plaintiff, defendant Dunham appeals.
1Opinion of the CourtHiscock, J.
We think that the judgment appealed from should be reversed. This action was brought by plaintiff to recover for services rendered to the defendants. The latter were copartners and their copartnership was formed “for the purchase and sale of cheese.” Plaintiff was to receive for his services a certain sum per month, and, in addition thereto, a commission of 5 per cent, upon the profits of the firm, or, as it is expressed in his evidence, “five per cent, of the profits as long as there was a firm of Amsden & Harris and I work for them.” The matter of these commissions was satisfactorily…
2Cited by3 opinions
- Rubinger v. International Telephone & Telegraph Corp.District Court, S.D. New York · 1961
- Smith v. Peninsula House, Inc.New Jersey Superior Court Appellate Division · 1961
- Boradori v. PetersonCalifornia Court of Appeal · 1927