Vieller v. Oppenheim
New York Supreme Court
Phillip B. Vieller sued Edward L. Oppénheim and -others ; the nature of the action as stated in his affidavit to obtain discovery and inspection of accounts, was to. recover a percentage of gross profits of the defendant’s business to which he claimed to be entitled under a contract between them which required the plaintiff to give his undivided attention to the defendant’s business and particularly to procuring new customers, he to receive ■fifteen per cent, of the net…
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Phillip B. Vieller sued Edward L. Oppénheim and -others ; the nature of the action as stated in his affidavit to obtain discovery and inspection of accounts, was to. recover a percentage of gross profits of the defendant’s business to which he claimed to be entitled under a contract between them which required the plaintiff to give his undivided attention to the defendant’s business and particularly to procuring new customers, he to receive ■fifteen per cent, of the net profits of the defendant’s general business, to be calculated by deducting, from gross profits, the expenses, interest on…
1Opinion of the CourtBarrett, J.
The plaintiff was not a partner in the defendants’ firm, but he was not an ordinary employee. He was an important co-worker with the defendants, and his interest had a-direct relation to the profits of the firm. This interest was increased by the profits and decreased by the losses. As .to the speculative account, it was. expressly provided that he should have a specific interest in the profits, and be responsible for a specific percentage of losses.
It ■ is apparent, therefore, that he is entitled to an inspection of the firm books, provided he has made out a prima facie case for the…
2Cases cited25 opinions
- Smith v. . BodineNew York Court of Appeals · 1878
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Muller v. LevyNew York Supreme Court · 1889
- Willis v. BaileyNew York Supreme Court · 1822
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
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3Cited by1 opinion
- Lord v. SpielmannNew York Court of Common Pleas · 1895