Legal Opinion
H. L. Hoffman Co. v. Consolidated Avionics Corp.
New York Supreme Court
Decided October 8, 1959PublishedCited by 3 opinions
1Opinion of the CourtMario Pittoni, J.
This action is for commissions earned as a selling agent, and is based on all the merchandise shipped by the defendant on orders accepted during the life of the agreement in the area in which the plaintiff represented the defendant.
The plaintiff now moves for discovery and inspection of all account books, vouchers, order books, shipping invoices and other records and ledgers of the defendant for the period from January 2, 1958 to July 1, 1959.
It is established that there is no right to a discovery and inspection when the commissions do not depend on profits (Clynne v. Scharf Bros. & Sons, 213…
2Cases cited7 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Weistrop v. Necchi Sewing Machine Sales Corp.New York Supreme Court · 1955
- Hay v. Republic Trading Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Clynne v. Scharf Bros. & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Ortman v. BeileyAppellate Division of the Supreme Court of the State of New York · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. Fraiser, New York County Courts1973
- Ross v. Heating Maintenance Corp.New York Supreme Court · 1962
- Soblick v. SchwarzbrottNew York District Court · 1961