Atkinson v. Heine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arnold B. Heine and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 16th day of Hovember, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of Hovember, 1908, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Plaintiff was a traveling salesman for defendants. He sues for unpaid commissions upon four causes of action. The complaint was dismissed by consent as to the first and third leaving for consideration only the second and fourth.
The second cause of action relates to a claim for commissions alleged to have been earned during the year 1903. For this year his contract provided that he was to be paid two per cent commission on sales made in St. Louis whether “ made by him directly or indirectly.” The only dispute upon this count is as to one sale to the firm of Eice, Styx & Go., upon…
2Cases cited1 opinion
- Huntingdon v. . ClaffinNew York Court of Appeals · 1868
3Cited by2 opinions
- Goodwine v. AyresIndiana Court of Appeals · 1922
- Herbert v. Wood, Dolson Co.Appellate Terms of the Supreme Court of New York · 1920