Fairman v. Brush
New York Supreme Court
Appeal from special term, New York county. Action by Gibson AV.. Fairman against Charles B. Brush, executor of John McLaren, deceased. McLaren, in his life-time, was a manufacturer of steam-engines, and plaintiff claimed that he had an agreement with decedent whereby he (plaintiff) was to have commissions on all sales procured by him.
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Appeal from special term, New York county. Action by Gibson AV.. Fairman against Charles B. Brush, executor of John McLaren, deceased. McLaren, in his life-time, was a manufacturer of steam-engines, and plaintiff claimed that he had an agreement with decedent whereby he (plaintiff) was to have commissions on all sales procured by him. He claimed to have procured eight different customers for decedent, and that he was entitled to 10 per cent, commission on the amount of decedent’s sales to them. The case was sent to a referee, who found that plaintiff was employed by decedent in “individual…
1Opinion of the CourtBarrett, J.
There is nothing in sections 1022 and 1023 of the Code of Civil Procedure which deprives the court of po.wer to require proper findings. These sections undoubtedly change the former practice, whereby findings originally insufficient in form or indefinite in substance might be clarified upon the settlement of the case. This was all that was decided in Gormerly v. McGlynn, 84 N. Y. 284, where the revisers’ note to section 1023 was referred to, and their view was seemingly approved,—that the method of proceeding by motion to compel findings, where the referee refuses to make them at all, has not…
2Cases cited2 opinions
- Gormerly v. . McGlynnNew York Court of Appeals · 1881
- Schultheis v. McInernyNew York Supreme Court · 1891
3Cited by6 opinions
- Apartment & Hotel Financing Corp. v. WillCalifornia Court of Appeal · 1924
- Craig v. CraigNew York Supreme Court · 1892
- Kiernan v. Consolidated Gas & Gasoline Engine Co.New York Supreme Court · 1923
- Surpless v. SurplessNew York Supreme Court · 1910
- Kinsila v. ShubertAppellate Division of the Supreme Court of the State of New York · 1914
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