Legal Opinion

Labinsks v. Holst

Appellate Terms of the Supreme Court of New York

Decided November 18, 1903PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan. Action by David W. Labinsks against Christ Holst. From a judgment for plaintiff, defendant appeals. Reversed.

1Opinion of the CourtBlanchard, J.

The plaintiff was.employed by one Greenstein as a bookkeeper, and he brought this action against the defendant to recover $100 for commissions which he claims to have earned by having induced his employer, Greenstein, to enter into two contracts with the defendant. The court below found in his favor, and the defendant appeals.

A reversal of the judgment is asked on several grounds, but only one need be considered. The appellant contends that the plaintiff is not entitled to the commissions for the reason that said commissions would be in derogation of his employer’s interest. This contention…

2Cases cited2 opinions

  1. Howe v. . SavoryNew York Court of Appeals · 1872
  2. Howe v. SavoryNew York Supreme Court · 1867

3Cited by2 opinions

  1. In re the Estate of BrowningNew York Surrogate's Court · 1941
  2. In re the Estate of BrowningNew York Surrogate's Court · 1939

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