Delmar v. Kinderhook Knitting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Kinderhook Knitting Company, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 2d day of July, 1909, granting the plaintiff’s motion for judgment on the pleadings.
1DissentMcLaughlin, J.
The complaint alleges that the plaintiff was employed by the defendant as a salesman under a written contract therein set forth. By the terms of this contract the defendant agreed to pay the plaintiff a certain commission on sales made and further to pay him “Thirty-five dollars, per week for each and every week up to Jan. 1st, 1910, and furnish him with travelling expense on his Western trip to the extent of sixty dollars per week * * * all to be charged against the said Mr. Delinar’s account. ' * * * This contract to hold good until January 1st, 1910.” The complaint further alleges that the…
2Cases cited9 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Cook v. . WarrenNew York Court of Appeals · 1882
- Lantry v. ParksCourt for the Trial of Impeachments and Correction of Errors · 1827
- Walsh v. New York & Kentucky Co.Appellate Division of the Supreme Court of the State of New York · 1903
4 more not listed; retrieve them via the Exa API.