Legal Opinion

Browne v. Empire Type Setting Machine Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899PublishedCited by 4 opinions

■ Appeal by the defendant, the- Empire Type Setting Machine Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk. of the county of Kings on the oth day of May, 1899, upon the decision of th'e court, rendered after a trial at the Kings County Special Term, sustaining the plaintiff’s demurrer to the counterclaim contained in the amended answer.

1Opinion of the Court

Willard Bartlett, J.:

The complaint sets out an agreement between the parties for the employment of the plaintiff by the defendant as a salesman to make sales of its machines for a period of one year from December 31, 1896, unless the contract should be sooner terminated as therein provided. By this agreement the defendant undertook to pay the plaintiff as his compensation a- commission of ten per cent on all machines sold to customers obtained by him or his agents. The defendant also agreed to advance twenty-five dollars.a week to the plaintiff—such advance to be considered a part of his…

2Cases cited3 opinions

  1. McCreery v. . DayNew York Court of Appeals · 1890
  2. Clark v. . DillonNew York Court of Appeals · 1884
  3. Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891

3Cited by4 opinions

  1. Ocean Accident & Guaranty Corp. v. MeekUtah Supreme Court · 1923
  2. Krauz v. AgnewAppellate Division of the Supreme Court of the State of New York · 1903
  3. Kraus v. AgnewAppellate Division of the Supreme Court of the State of New York · 1903
  4. McNally v. FitzsimonsAppellate Division of the Supreme Court of the State of New York · 1902

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