Legal Opinion

Tyler v. Windels

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 1919PublishedCited by 35 opinions

Appeal by the defendant, John H. Windels, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of September, 1918, denying his motion for judgment on the pleadings, consisting of a complaint, answer, reply and a demurrer to the reply.

1Opinion of the Court

Merrell, J.:

Defendant has appealed from an order denying his motion for judgment on the pleadings.

The complaint demands judgment for the sum of $5,091.19, alleged balance plaintiff’s due from defendant upon a contract of employment. The complaint alleges that on or about July 1, 1915, plaintiff and defendant entered into an agreement whereby defendant employed plaintiff for the period of eighteen months, commencing at the date of the contract and ending December 31, 1916, for the sum of $350 per month and an additional twenty per cent upon profits earned by defendant’s business during said…

2Cases cited8 opinions

  1. Wahl v. . BarnumNew York Court of Appeals · 1889
  2. Wolke v. FlemingIndiana Supreme Court · 1885
  3. Diamond v. JacquithArizona Supreme Court · 1912
  4. Lowman v. SheetsIndiana Supreme Court · 1890
  5. Osborne v. KimballSupreme Court of Kansas · 1889

3 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  2. Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
  3. Cunnison v. Richardson Greenshields Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Bayreuther v. ReinischAppellate Division of the Supreme Court of the State of New York · 1942
  5. Town of Poughkeepsie v. EspieAppellate Division of the Supreme Court of the State of New York · 2007

30 more not listed; retrieve them via the Exa API.

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