Woolf v. Turkel
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Coleman Woolf against Bernard Turlcel and another. From a judgment for defendants, rendered in the Municipal Court, plaintiff appeals. Affirmed.
1ConcurrenceMacLEAN, J.
It was the agreement that during the calendar year 1908, the term of plaintiff’s employment, his employers, the defendants, should "advance to the party of the second part [the plaintiff] the sum of $75 weekly, and while traveling on the road for the purposes aforesaid the sum of $100 in addition thereto.” On October 18th the plaintiff demanded $150. This the defendants declined to pay, saying he had drawn more than his due. So he had. Not restricting himself to taking his advances weekly, but, drawing in lump sums, he had drawn in the preceding 42 weeks $5,261.96, although he was entitled,…
2Cases cited2 opinions
- Schlesinger v. BurlandNew York Supreme Court · 1903
- Schwerin v. RosenAppellate Terms of the Supreme Court of New York · 1904