McDonald v. Acker, Merrall & Condit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Acker, Merrall & Condit Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 18th day of February, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of March, 1919, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Mills, J.:
This is an action to recover for certain services as manager of defendant’s restaurant and hotel at Camp Upton, Yaphanlc, Suffolk county, upon an alleged contract by which defendant agreed to pay him therefor at the rate of $250 a month and “ a liberal and very substantial bonus ” in addition. The complaint alleged that plaintiff under the agreement worked from October 14, 1917, to September 1, 1918, for which he was paid only the $250 monthly salary; that defendant during that period did a gross business of $500,000 at that hotel and restaurant and that it was the custom for such a…
2Cases cited2 opinions
- Varney v. . DitmarsNew York Court of Appeals · 1916
- Rosenstein v. McCutcheonAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by9 opinions
- FRIGALIMENT IMPORTING CO., LTD. v. BNS International Sales Corp.District Court, S.D. New York · 1960
- Petersen v. Pilgrim VillageWisconsin Supreme Court · 1950
- Davis v. General Foods CorporationDistrict Court, S.D. New York · 1937
- Gerseta Corp. v. Silk Ass'nAppellate Division of the Supreme Court of the State of New York · 1927
- Kendall v. KendallAppellate Division of the Supreme Court of the State of New York · 1922
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