L. J. Wing Manufacturing Co. v. Thompson
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. • Action by the L. J. Wing Manufacturing Company, against Richard Thompson.. From a judgment for defendant, plaintiff appeals, and, from a judgment dismissing a counterclaim, defendant appeals.
1Per curiam
In Northwestern Mutual Life Ins. Co. v. Mooney, 108 N. Y. 118, 15 N. E. 303, it was laid down as a rule of law that, in the absence of special agreement, an agent who received advances on account of commissions could not be held to a personal liability for such advances, even though the commissions earned did not equal the advances, and that the employment had ceased. The doctrine of this case has been followed and applied substantially to a long line of cases. There is no distinguishing feature in the present case which would warrant a departure. The contract provided that the defendant be…
2Cases cited1 opinion
- North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
3Cited by1 opinion
- Nelson v. American Business BureauAppellate Court of Illinois · 1926