DeWitt v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edwin D. DeWitt, from so much of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of' New York on the 16th day of December, 1920, as overrules plaintiff’s demurrer to the counterclaim contained in defendant’s amended answer and directs final judgment for defendant for the relief demanded in said counterclaim in the event of default by the plaintiff in the service of a reply thereto within ten days after…
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Appeal by the plaintiff, Edwin D. DeWitt, from so much of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of' New York on the 16th day of December, 1920, as overrules plaintiff’s demurrer to the counterclaim contained in defendant’s amended answer and directs final judgment for defendant for the relief demanded in said counterclaim in the event of default by the plaintiff in the service of a reply thereto within ten days after the expiration of defendant’s time to serve a second amended answer. Appeal by the defendant, New York Herald Company,…
1Opinion of the Court
Lattghlin, J.:
The complaint contains two counts. The first is for $65,362, a balance of commissions alleged to have been earned and to be due and owing from the defendant to the plaintiff *419under a contract in writing, a copy of which is annexed to and made a part of the complaint, bearing date the 3d day of October, 1918, by which, it is alleged, the defendant employed plaintiff as advertising director for the New York Herald and Evening Telegram, owned and published by it, for the period of three years from the 22d day of October, 1918, the contract to continue thereafter until service by one…
2Cases cited6 opinions
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Smith v. . CoeNew York Court of Appeals · 1902
- Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Mendelson v. MarguliesAppellate Division of the Supreme Court of the State of New York · 1913
- Botts v. Mercantile Bank of MemphisAppellate Division of the Supreme Court of the State of New York · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jones v. Freeman's Dairy, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- D. H. Hayden Co. v. Mitchell-Tappen Co.New York Supreme Court · 1931
- Newton v. Otselic Valley National BankAppellate Division of the Supreme Court of the State of New York · 1928