Gaul v. . Kiel Arthe Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1909, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1909, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract on which the action is based is unlawful and unenforceable in any way and the complaint should have been dismissed on the defendant’s motion. (Wood & Selick v. Ball, 190 N. Y. 217; Gillett v. Phillips, 13 N. Y. 114; Leavitt…
1Opinion of the CourtChase, J.
The plaintiff was employed as a salesman by the defendant, a manufacturing corporation, for two years and more prior to December, 1905. In that month a new contract was entered into by and between them, by which the plaintiff was to remain in the employ of the defendant during the year 1906 and receive for his compensation a salary, and also a percentage upon the profits of the defendant’s business. He remained in the defendant’s employ during the year 1906 and was paid his salary, but he was not paid anything on account of the percentage. The defendant asserted that there were no profits for…
2Cases cited9 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897
- Bagley v. Carthage, Watertown & Sackets Harbor RailroadNew York Court of Appeals · 1900
- Nelson v. . EatonNew York Court of Appeals · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Young v. United States Mortgage & Trust Co.New York Court of Appeals · 1915
- Fox v. . Arctic Placer Mining Milling Co.New York Court of Appeals · 1920
- Jacobs v. Monaton Realty Investment Corp.New York Court of Appeals · 1914
- Upright v. BrownCourt of Appeals for the Second Circuit · 1938
- Eicke v. Wittemann Co.Appellate Division of the Supreme Court of the State of New York · 1913
4 more not listed; retrieve them via the Exa API.