Allerton v. Rhineland Machine Works Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rhineland Machine Works Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of January, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of February, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hotchkiss, J.:
Plaintiff sued for commissions as traveling salesman. At the opening of the trial, defendant unsuccessfully moved to dismiss on the ground that the complaint failed to state a cause of action, and the case proceeded to trial on the merits. The complaint was not amended, nor were the pleadings conformed to the proofs. The complaint is worse than inartificial; it totally lacks essential averments. It alleges that “ heretofore and on the 2nd day of September, 1910, defendant employed the plaintiff as a salesman and office assistant,” for which services defendant agreed to pay…
2Cases cited5 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Rogers v. New York & Texas Land Co.New York Court of Appeals · 1892
- Gordon v. . Ellenville Kingston R.R. Co.New York Court of Appeals · 1909
- Gordon v. Ellenville & Kingston RailroadAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Jackson v. . StrongNew York Court of Appeals · 1917
- Poth v. Washington Square Methodist Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1923
- Flinsch v. Viele, Blackwell & BuckAppellate Division of the Supreme Court of the State of New York · 1920
- Harris v. WatersNew York Supreme Court · 1920