Low v. Capitol Wine & Spirit Corp.

The complaint in this case pleads two causes of action (1) under a collective bargaining agreement between the defendant and a union of which the decedent was a member, and (2) on an account stated for the recovery of commissions allegedly due and owing to the plaintiffs’ testator, who was employed as a salesman by the defendant in the sale and distribution of alcoholic beverages at wholesale.

The defendant’s motion to dismiss the complaint for insufficiency was denied at Special Term.

Though the defendant on this appeal attacks the sufficiency of the complaint on several grounds, the only…