People ex rel. Lummis v. Graves

Relator, a resident of New Jersey, was employed on a commission basis as eastern sales agent for the General Glass Corporation of Ohio, his district including territory both within and without New York State. His only office was in New York city, where he maintained an office force. He also employed three salesmen on commission who, with himself, operated from said office; all salaries, commissions of his salesmen and expenses of the office being paid by him.

His duties were to solicit orders, all of which were subject to confirmation or rejection by the employer, such solicitations being made…