O'Neill v. Howe
New York Court of Common Pleas
Appeal from city court, general term. Action by Hugh O’Neill against Ephraim Howe to recover $750 on account of work, labor, and services in the sale of defendant’s goods on commission. The answer admitted a small indebtedness, and counterclaimed for a balance for goods sold and delivered to plaintiff.
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Appeal from city court, general term. Action by Hugh O’Neill against Ephraim Howe to recover $750 on account of work, labor, and services in the sale of defendant’s goods on commission. The answer admitted a small indebtedness, and counterclaimed for a balance for goods sold and delivered to plaintiff. The action was referred, and a judgment entered upon the report of the referee in favor of defendant for costs was affirmed by the general term of the city court of New York, and plaintiff again appeals.
1Opinion of the CourtDaly, J.
The plaintiff claimed for work, labor, and services in the sale of defendant’s goods on commission, at request of defendant, from March 1, 1886, to May 23, 1887. Upon the trial before the referee, it appeared that he had been selling to certain customers of defendant-for several years before that period; and the claim now made seems to be based upon the theory that he is entitled to commissions upon all subsequent sales by defendant to those customers, whether he can or cannot prove that such subsequent sales were in any instance made by him. This is apparent from the fact that the plaintiff…
2Cases cited2 opinions
- Little v. . LynchNew York Court of Appeals · 1885
- First National Bank v. . TamajoNew York Court of Appeals · 1879
3Cited by4 opinions
- Campbell Printing Press & Manuf'g Co. v. YorkstonNew York Court of Common Pleas · 1895
- Manninen v. LissWisconsin Supreme Court · 1953
- Nealis v. MeyerAppellate Terms of the Supreme Court of New York · 1897
- Tuthill v. HusseyNew York Supreme Court · 1889