Samuels v. Bloom
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the City Court of the city of New York, entered on verdict directed in favor of. plaintiffs and dismissing defendant’s counterclaim; also from two orders, one denying defendant’s motion for a new trial, the other denying motion to amend judgment by striking out the words “ on the merits ” after the provision for the dismissal of the counterclaim.
1Opinion of the CourtGuy, J.
The complaint alleges the execution of a contract by the parties under which the plaintiffs hired the defendant as their traveling salesman; that his commissions under the agreement amount to $1,450.47; that during the term of the contract the plaintiffs loaned and advanced to the defendant divers sums of money and sold and delivered to him certain goods, wares and merchandise, said loans and the agreed prices on said sales aggregating $2,440.51, which sum the defendant promised to repay to the plaintiffs; and they demanded judgment for $990.04, being the excess of the alleged loans and sales…
2Cases cited3 opinions
- North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
- Wolfsheimer v. FrankelAppellate Division of the Supreme Court of the State of New York · 1909
- Louis Auerbach, Inc. v. RamerAppellate Terms of the Supreme Court of New York · 1913
3Cited by1 opinion
- Strauss v. Arthur Wolfsohn Co.Appellate Terms of the Supreme Court of New York · 1916