Oppenheimer v. Seligman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, W. Irvin Seligman and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of August, 1914, granting plaintiff’s motion for judgment on the pleadings as to the second cause of action because of the insufficiency- of the demurrer thereto.
1Per curiam
This order was clearly wrong. For a first cause of action plaintiff alleged a wrongful discharge under the following contract: “ Wilbur M. Oppenheimer agrees to travel for Heilbrun, Falk & Co.,” and the latter agrees to employ Oppenheimer “for one (1) year commencing January 1,1912-, on a commission basis of PA% on all goods shipped,” Oppenheimer “to receive a drawing account of $30 per week, and travelling expenses, all to be charged against commission.” The third cause of • action is for disbursements made during the continuance of the employment. Defendant answered as to the first and…
2Cases cited3 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Gminder v. Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Winch v. Farmers' Loan & Trust Co.New York Court of Common Pleas · 1895
3Cited by1 opinion
- Columbia Graphophone Co. v. 330 West Ninety-Fifth Street Corp.District Court, S.D. New York · 1920