Legal Opinion

Benta v. Harris

City of New York Municipal Court

Decided May 15, 1899Published

Appeal from judgment entered on a verdict rendered by a jury from an order denying a motion for a new trial made on judge’s minutes and from an order denying a motion for a new trial on newly-discovered evidence.

1Opinion of the CourtSchuchman, J.

The complaint alleges that on or about December 1, 1893, the plaintiff was employed by the defendant as a salesman at a salary of $20 per week, and 2 per cent, commission on all goods and merchandise sold by the plaintiff for the de; fendant, and that between December 1, 1893, and ¡November, 1894, the plaintiff sold merchandise for the defendant amounting to the sum of $33,675.79. The answer admits the employment of plaintiff at" a salary of $20 weekly, and 1 per cent, commission on the sales, but denies that 2 per cent, commission on the sales- were agreed to be paid by defendant to…

2Cases cited2 opinions

  1. Keister v. RankinAppellate Division of the Supreme Court of the State of New York · 1898
  2. Doorley v. O'GormanAppellate Division of the Supreme Court of the State of New York · 1898

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