Cuppy v. . Stollwerck Brothers
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1914, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division was in error in holding that the evidence did not make out .a contract of employment for one year. (Birdsall v. Grant, 37 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1914, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division was in error in holding that the evidence did not make out .a contract of employment for one year. (Birdsall v. Grant, 37 App. Div. 248; Towle v. Remsen, 70 N. Y. 303.) The plaintiff’s contract was not for a year, but was only for a salary at the rate of $15,000 a…
1Opinion of the CourtSeabury, J.
This is an action to recover salary which the plaintiff claims to be due him under an alleged contract of employment for one year. The plaintiff claims to have been discharged at the end of four months. The claim of the plaintiff is that he was employed by the defendant as manager for the year 1910 at the compensation of $15,000 and $1,000 for expenses and 15% of the profits of the defendant after the $15,000 should have been deducted. It was the claim of the plaintiff that during the year • in question the defendant’s profits amounted to $100,000, and that he was entitled to $12,150 thereof.…
2Cases cited4 opinions
- Watson v. . GuginoNew York Court of Appeals · 1912
- Douglass v. Merchants' InsuranceNew York Court of Appeals · 1890
- Trustees of Soldiers' Orphans' Home v. ShafferIllinois Supreme Court · 1872
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1896
3Cited by21 opinions
- Short v. Columbus Rubber and Gasket Co.Mississippi Supreme Court · 1988
- Exchange Bakery & Restaurant, Inc. v. RifkinNew York Court of Appeals · 1927
- Nelson v. WEB Water Development Ass'n, Inc.South Dakota Supreme Court · 1993
- In Re Paramount Publix CorporationCourt of Appeals for the Second Circuit · 1937
- Hicks v. HaightNew York Supreme Court · 1939
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