Bell-Hi Co. v. Pratt

In the instant action, the plaintiff seeks to recover from the defendant moneys allegedly due and owing it. This contended obligation is set out in the plaintiff’s moving papers as a promissory note, a copy of which is annexed and marked “ Exhibit A ”.

There is no dispute that the underlying obligation was cash paid to the defendant as a possible draw against commissions *357which the defendant may have earned as a salesman while in the employ of the plaintiff.

The argument by the defendant is that the money is nonrecoverable because it is in fact a draw against commissions and cites cases for…