Amsden v. Dunham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William 0. Dunham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 25th day of February, 1902, upon the report of a referee.
1Opinion of the Court
Hiscock, J.:
We think that the judgment appealed from should be reversed.
This action was brought by plaintiff to recover for services rendered to the defendants. The latter were copartners, and their copartnership was formed “ for the purchase and sale of cheese.” Plaintiff was to receive for his services a certain sum per month, and in addition thereto a commission of five per cent upon the profits of the firm, or, as it is expressed in his evidence, “ five per cent of the profits as long as there was a firm of Dunham & Harris and I worked for them.” The matter of these commissions was…
2Cited by3 opinions
- Rubinger v. International Telephone & Telegraph Corp.District Court, S.D. New York · 1961
- Smith v. Peninsula House, Inc.New Jersey Superior Court Appellate Division · 1961
- Boradori v. PetersonCalifornia Court of Appeal · 1927