Bolles v. . Scheer
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 25, 1916, unanimously affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 25, 1916, unanimously affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. In estimating net profits, depreciation charges are known and proper only in respect of property like machines, tools and plant, which are actually used in the course of production and manufacture, and which, by reason of such use, must be continually inspected and repaired,…
1Opinion of the CourtAndrews, J.
The defendant is a dealer in jewelry. He made a contract with the plaintiff, who was a jewelry salesman, that during each of the years 1906 and 1907 he should pay the latter for services a salary, a percentage on the gross sales and a share in the net profits of the' business. For those years Bolles drew as his share $5,000 and $1,000, respectively, but he claims that the net profits were larger than the sums reported to him; that he was unaware of the fact at the time, and he now seeks to recover the difference between the amount actually paid him and what he would have received if his share…
2Cases cited4 opinions
- Bloom v. National United Benefit Savings & Loan Co.New York Court of Appeals · 1897
- Bloom v. National United Benefit Savings & Loan Co.New York Supreme Court · 1894
- Roslyn Heights Land & Improvement Co. v. BurrowesAppellate Division of the Supreme Court of the State of New York · 1897
- Van Marter v. HotchkissNew York Court of Appeals · 1864
3Cited by5 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962
- Bramley v. MillerAppellate Division of the Supreme Court of the State of New York · 1935
- April v. AprilAppellate Division of the Supreme Court of the State of New York · 1935
- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962