McGarrigle v. McCosker
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, John McGarrigle, and by the defendant, David McCosker, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 24th day of May, 1902, upon the dismissal of plaintiff’s first cause of action by direction of the court after a trial at the Kings County Trial Term, and upon the verdict of a jury in favor of the plaintiff on the second cause of action.
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Cross-appeals by the plaintiff, John McGarrigle, and by the defendant, David McCosker, from portions of a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 24th day of May, 1902, upon the dismissal of plaintiff’s first cause of action by direction of the court after a trial at the Kings County Trial Term, and upon the verdict of a jury in favor of the plaintiff on the second cause of action. Also an appeal by the plaintiff from an order entered in said clerk’s office on the 28tli day of May, 1902, denying his motion to set aside the dismissal of…
1Opinion of the Court
Hooker, J.:
The complaint contains two causes of action. The first is to the effect that on the 4th day of May, 1898, the defendant agreed with *185the plaintiff, in consideration of the plaintiff making and executing a contract to give his services to the defendant as salesman for a term of five years at a compensation fixed by the terms of said contract, to pay him the sum of $333 in cash and place to plaintiff’s credit merchandise and stock in defendant’s business of the value of $1,000, payable in cash on demand ¿ that the plaintiff performed all the terms of the agreement on his part; that…
2Cases cited3 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Wolfe v. . HowesNew York Court of Appeals · 1859
3Cited by5 opinions
- Strader v. CollinsAppellate Division of the Supreme Court of the State of New York · 1952
- Fahey v. KennedyAppellate Division of the Supreme Court of the State of New York · 1930
- Spindel v. CooperAppellate Terms of the Supreme Court of New York · 1905
- Fischhoff v. Adels-Loeb, Inc.New York City Court · 1947
- Gibney v. National Jewelers' Board of TradeAppellate Terms of the Supreme Court of New York · 1913