Moran v. . Standard Oil Co.
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1912, affirming a judgment in favor of plaintiff as to his first cause of action, entered upon a verdict, and in favor of defendant as to the second cause of action, entered upon a dismissal of the complaint as to it by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1912, affirming a judgment in favor of plaintiff as to his first cause of action, entered upon a verdict, and in favor of defendant as to the second cause of action, entered upon a dismissal of the complaint as to it by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was no reversible error in receiving evidence. (Cheever v. Ins. Co., 86 App. Div. 328; Mayor, etc., v. S. A. R. R. Co., 102 Y.…
1Opinion of the CourtCardozo, J.
The plaintiff’s first cause of action is for commissions earned as the defendant’s salesman. His second cause of action is for damages because of the breach of the contract under which he was employed. He has recovered a judgment for the commissions, but his claim for damages has been dismissed. The case comes here on cross-appeals. The defendant is aggrieved because the plaintiff has recovered anything; the plaintiff, because he has not recovered more.
In 1901, when his dealings with the defendant began, the plaintiff was engaged, on his own account, in the sale of paints and painters’…
2Cases cited22 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- White v. . HoytNew York Court of Appeals · 1878
- Bagley v. . SmithNew York Court of Appeals · 1853
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
17 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Perkins v. Standard Oil Co.Oregon Supreme Court · 1963
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Outlet Embroidery Co. v. Derwent Mills, Ltd.New York Court of Appeals · 1930
96 more not listed; retrieve them via the Exa API.