Schnabel v. American Educational Alliance
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan, fourth district, rendered in favor of the defendant after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
This judgment seems to have been rendered on the theory that a contract of employment which gave the plaintiff a “ drawing account of fifty dollars per week against commission at a fixed rate, etc.,” was not an agreement to pay fifty dollars per week absolutely, but only conditioned on the securing of orders. In this the learned *625court was in error. Schlesinger v. Burland, 42 Misc. Rep. 206.
The exclusion of the so-called cross-examination of the plaintiff in a deposition, because the defendant declined to read the answers and plaintiff’s counsel thereupon offered to read them, also constituted…
2Cases cited2 opinions
- Schlesinger v. BurlandNew York Supreme Court · 1903
- Kalkhoff Co. v. Russian Orthodox St. Nicholas ChurchNew York Supreme Court · 1910
3Cited by6 opinions
- Shaler Umbrella Co. v. BlowWisconsin Supreme Court · 1929
- Donahoe v. HerrickIdaho Supreme Court · 1927
- Dugan v. ForsterCalifornia Court of Appeal · 1930
- Socony-Vacuum Oil Co. v. C. M. Johnston & Sons Sand & Gravel Co.Court of Appeals for the Eighth Circuit · 1939
- Reynolds v. WoodCourt of Appeals of Texas · 1933
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