Bergen v. Hitchings
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Hitchings, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 15th day of April, 1897, upon the report of a referee.
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Appeal by the defendant, John M. Hitchings, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 15th day of April, 1897, upon the report of a referee. This action was brought to recover a balance of account due to the plaintiffs by the defendant, who was employed as a salesman hy the plaintiffs under a contract under which he was entitled to one-third of the profits made upon the goods sold by him and was liable for one-tliird of the losses thereon.
1Opinion of the Court
Goodrich, P. J.:
The plaintiffs, wholesale grocers in the city of Brooklyn, in January, 1893, made an agreement with the defendant, whereby they employed him as a traveling salesman, his compensation to be one-third of the profits on certain sales of goods made by him, he to bear one-third of the losses on all such sales. The parties differ on the question whether the agreement was to cover all sales made within the defendant’s territory, namely, all of Long Island east of Huntington, or only such sales as might be made or induced by the defendant. The terms of the agreement are contained in a…
2Cases cited2 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Lockwood v. . ThorneNew York Court of Appeals · 1858
3Cited by3 opinions
- Stiebel v. LissbergerAppellate Division of the Supreme Court of the State of New York · 1915
- Delabarre v. McAlpinAppellate Division of the Supreme Court of the State of New York · 1905
- Doubleday, Page & Co. v. ShumakerNew York Supreme Court · 1908