Cluett v. Couture
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur Oouture, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office i the clerk of the county of Clinton on the 23d day of February, 1910, upon the decision of the court rendered after a trial at the Clinton Trial Term, a jury having been waived.
1Opinion of the Court
Houghton, J.:
The plaintiffs carry. on the business of selling musical instruments, under the style of Cluett & Sons, and have a number of branch stores throughout the country. One Poche was manager of the branch store at Plattsburgh, and his territory extended from Ticonderoga to Rouses Point. He had general charge of the store and the making of the contracts for the selling of musical instruments and was authorized to collect payments therefor in cash or checks. He was paid a salary and had the right to deduct the expenses which he incurred while traveling in his territory upon the business…
2Cases cited7 opinions
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