Louis Auerbach, Inc. v. Ramer
Appellate Terms of the Supreme Court of New York
Appeal "by defendant from an interlocutory judgment of the City Court of the city of New York overruling the defendant’s demurrer to the fifth cause of action alleged in the complaint.
1Opinion of the CourtWhitaker, J.
The fifth cause of action to which the demurrer was interposed arose on a written contract between the plaintiff (employer) and defendant (employee) and is brought for the recovery of an excess of moneys advanced by the plaintiff over and above commissions earned by the defendant pursuant to the terms of his employment.
The fifth cause of action sets up a written agreement between plaintiff and defendant whereby plaintiff employed defendant as traveling salesman and defendant entered into the employ of plaintiff as such. The agreement, so far as it is material, is as follows:
“ The employee…
2Cases cited4 opinions
- North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
- Schlesinger v. BurlandNew York Supreme Court · 1903
- Wolfsheimer v. FrankelAppellate Division of the Supreme Court of the State of New York · 1909
- Durante v. RaimonAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- Hamilton Fire Insurance Company v. CervantesMissouri Court of Appeals · 1955
- Shaler Umbrella Co. v. BlowWisconsin Supreme Court · 1929
- Felsenthal Bros. & Co. v. GradwohlAppellate Court of Illinois · 1920
- Samuels v. BloomAppellate Terms of the Supreme Court of New York · 1915
- Srere v. RappAppellate Court of Illinois · 1924
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