Legal Opinion

Elliott v. Miller

New York Court of Common Pleas

Decided February 1, 1892PublishedCited by 6 opinions

Appeal from first district court. Action by Frederick W. Elliott against John E. Miller. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtBookstaver, J.

This action was brought to recover two and a half months’ wages, at $50 a month, alleged to be due from defendant to plaintiff on a contract of service. The answer was a general denial, and judgment was rendered for the plaintiff for $142.50, being the full amount claimed, together with costs. The plaintiff entered into the employment of the defendant about the 15th of July, 1891, under a verbal contract by which he was to work for defendant as salesman for five months, at a salary of $50 per month, payable at the end of each month, and in addition a commission of 10 per cent, on all sales in…

2Cases cited4 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Perry v. . DickersonNew York Court of Appeals · 1881
  3. Weed v. . BurtNew York Court of Appeals · 1879
  4. Levin v. Standard Fashion Co.City of New York Municipal Court · 1889

3Cited by6 opinions

  1. Walsh v. New York & Kentucky Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Lindner v. Cape Brewery & Ice Co.Missouri Court of Appeals · 1908
  3. Howe v. T. M. U. J. M. Fox, Inc.Appellate Terms of the Supreme Court of New York · 1925
  4. Pakas v. HollingsheadNew York Supreme Court · 1903
  5. Pakas v. HollingsheadAppellate Division of the Supreme Court of the State of New York · 1904

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