Legal Opinion
Smith v. Kirkpatrick
New York Court of Appeals
Decided February 26, 1953PublishedCited by 87 opinions
1Opinion of the CourtConway, J.
Plaintiff originally instituted an action against defendant seeking recovery of moneys allegedly due Mm under a contract of employment. The complaint (hereinafter referred to as the first complaint) alleged that the contract required plaintiff to devote his full time and attention to defendant’s business; to solicit export accounts for defendant ‘ ‘ with a view to defendant acting as export manager for American manufacturers and purchasing agent for foreign clients ’ ’; that plaintiff’s remuneration was to be 50% of the income derived from business procured by plaintiff; that over a period of…
2Cases cited21 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Reich v. . CochranNew York Court of Appeals · 1896
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
16 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Reilly v. ReidNew York Court of Appeals · 1978
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
82 more not listed; retrieve them via the Exa API.