Funger v. Brooklyn Bottle Stopper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Bottle Stopper Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 20th day of April, 1909, granting the plaintiff’s motion for an inspection of the books and papers [of the defendant.
1Opinion of the Court
Clarke, J.:
The defendant, a domestic corporation, is a manufacturer of corks and tin bottle caps. The plaintiff was a salesman. On October 11, 1906, they entered into a contract in writing under which the plaintiff was employed by' the defendant as its sales agent for a period of five years. It- was agreed that the defendant should receive certain fixed prices for its products but any excess over.and above said prices on all orders should be the profits and earnings of the plaintiff; that on all orders paid for within ten days from the date of shipment the plaintiff should be entitled to a…
2Cases cited3 opinions
- Harbaugh v. Middlesex Securities Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Brigham v. ZaissAppellate Division of the Supreme Court of the State of New York · 1900
- Brewster v. F. G. Brewster Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- New York Edison Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Conti v. Max Cohen, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
- Funger v. Brooklyn Bottle Stopper Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Moraff v. KohnNew York Supreme Court · 1912