Legal Opinion
Walker v. Spencer
The Superior Court of New York City
Decided March 3, 1879Published
Appeal from an order overruling a demurrer to the complaint.
1Opinion of the Court
By the Court.—Van Vorst, J.
The real object of this action, as disclosed by the complaint, is to bring the defendants McDonald and Spencer to an accounting, -in respect to their action as agents, under an agreement made by them with the defendant, Josiah Walker, on May 1, 1868.
By this agreement, such defendants were appointed the general agents of Walker, to sell and dispose of a certain article known as “ Vinegar Bitters,” which was manufactured- by Walker.
The agents, McDonald and Spencer, were by the terms of the agreement entitled to commissions for their services, out of the net profits to…
2Cases cited5 opinions
- Hooker v. . Eagle Bank of RochesterNew York Court of Appeals · 1864
- Salter v. . HamNew York Court of Appeals · 1865
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Pam v. VilmarNew York Supreme Court · 1876
- Earle v. SoottNew York Supreme Court · 1874