Legal Opinion

Oppenheimer v. Van Raalte

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

Decided June 28, 1912PublishedCited by 4 opinions

Appeal by the plaintiff, Louis Oppenheimer, 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 26th day of April, 1912, vacating an order for the examination of the defendants before trial.

1Opinion of the Court

Ingraham, P. J.:

This action was to recover the balance of salary due to the plaintiff under a written contract by which the plaintiff was employed for the years 1908 and 1909 and was to receive as salary three per cent of the net profits of the business of the defendants for each of said years, the defendants guaranteeing that plaintiff should at least receive $6,000 each year. For the year 1908 the plaintiff was paid $11,847.31 which would show a net profit for that year of nearly $400,000. For the second year, although the plaintiff swears that the business had continued without substantial…

2Cited by4 opinions

  1. Hutchinson v. BirdsongAppellate Division of the Supreme Court of the State of New York · 1925
  2. Guinee v. J. L. Murphy, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
  3. Mendelsohn v. MendelsohnAppellate Division of the Supreme Court of the State of New York · 1940
  4. Schreier v. MascolaAppellate Division of the Supreme Court of the State of New York · 1981

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