New York Good Humor, Inc. v. Morgan

George Eck has been employed by New York Good Humor, Inc., as a peddler of its ice cream products on a commission basis, in 1936, 1937 and 1938. Each year Eck applied for and was granted a license under chapter 36, article 6, of the Administrative Code and corresponding prior provisions of law. The employer furnished a commercial motor vehicle to Eck. About April 10, 1939, with the employer’s consent and approval, he applied for a similar license and tendered the fee required by law. The commissioner of markets and his subordinates acting under his instructions refused the license sought on…