Parker v. Culler Furniture Co.

The action is to recover commissions alleged to be due upon goods shipped by defendant on orders from customers procured by plaintiff. The answer is a general denial. Defendant moved for an order to examine plaintiff as an adverse party before trial concerning his alleged employment by defendant as a salesman on commission, the services which plaintiff claims to have rendered, and the customers procured under such an agreement. The examination thus sought has been denied on the ground that the decision in Dorros, Inc., v. Dorros Bros. (274 App. Div. 11) does not extend to the situation here…