Stoller v. Franken
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Stoller, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of November, 1915, upon a dismissal of the complaint upon the pleadings at the opening of the trial.
1Opinion of the Court
Smith, J.:
The case had been moved at a Trial Term of the Supreme Court before a jury.
From the complaint it appears that the defendant was in business under the style of Franken Bros.; that upon the 9th day of September, 1912, a new department of that store was instituted under the name of the “ Max Stoller Department of Franken Brothers.” This department was set aside for the business of selling dress fabrics, and was to be maintained for a period of two years from the date of its creation. The plaintiff was put in charge of it, and it was agreed that for his services he was to receive the…
2Cases cited3 opinions
- Glyn v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Thomas v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1897
- Perrin v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Smith v. MaineNew York Supreme Court · 1932
- In re JacksonNew Jersey Superior Court Appellate Division · 1981