Huntington v. Claflin
The Superior Court of New York City
This action coming on to be tried before one of the Justices of this Court and a Jury, and testimony having been given on behalf of the respective parties, and having been closed, upon motion of the defendants the complaint of the plaintiff was dismissed, with the direction that the exceptions be heard in the first instance at the General Term, and in the meantime that judgment be suspended.
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This action coming on to be tried before one of the Justices of this Court and a Jury, and testimony having been given on behalf of the respective parties, and having been closed, upon motion of the defendants the complaint of the plaintiff was dismissed, with the direction that the exceptions be heard in the first instance at the General Term, and in the meantime that judgment be suspended. The action was to recover a balance of commissions amounting to $850 and interest, claimed by the plaintiff to be due to him from the defendants, Horace B. Claflin, William H. Mellen, Nathaniel F. Miller,…
1Opinion of the Court
By the Court—Moncrief, J.
This action is brought to recover commissions upon sales of the goods of the defendants made by the plaintiff during the period commencing on the first day of January, 1860, and ending on the 23d day of November, 1860. If, upon the evidence given at the trial, the verdict of the Jury in favor of the plaintiff would be set aside, then there was no error in dismissing the complaint.
The plaintiff testified that he entered into an engagement with the defendants in May, 1857; that he agreed to sell goods for them; that he was to have a commission of one per cent on all the…
2Cited by3 opinions
- Von Heyne v. TompkinsSupreme Court of Minnesota · 1903
- Mowbray v. GouldAppellate Division of the Supreme Court of the State of New York · 1903
- Rafalo v. EdelsteinAppellate Terms of the Supreme Court of New York · 1913