Nightingale v. J. H. & C. K. Eagle, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. H. & G. K., Eagle, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of February, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of March, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action, to recover $2,500, alleged to be due plaintiff for. services rendered the defendant. The complaint states two causes of action —- one on an express contract to pay the plaintiff a commission of one per cent on all sales, made by him and one Keller during the time stated, with a guaranty that plaintiff’s compensation should be not less than $7,500 each year; the other on a quantum meruit *387alleging that the services rendered were reasonably worth $15,000, and that he had only been paid $12,500, leaving a balance due of $2,500, for which judgment was demanded.
The answer put…
2Cases cited8 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Grierson v. . MasonNew York Court of Appeals · 1875
- Hammond v. HoppingNew York Supreme Court · 1835
- Blossom v. . GriffinNew York Court of Appeals · 1856
- Lisk v. ShermanNew York Supreme Court · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Zell v. American Seating Co.Court of Appeals for the Second Circuit · 1943
- Bersani v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1975
- Bersani v. GEN. ACC. FIRE CORP.New York Court of Appeals · 1975
- In re the Estate of MontgomeryNew York Surrogate's Court · 1936
- Independent Harvester Co. v. AndersonSouth Dakota Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.