Stone v. Argersinger
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles A. Stone, from a judgment of the Supreme Court in favor of the original defendants, in whose place' the present defendant has been substituted, entered in the office of .the clerk of the county of ¡Montgomery on the '7th day of July, 1897, upon the report of a referee dismissing the complaint upon the - merits. ' , This action was. originally brought against Phíletus P. Argérsinger ánd James P., Afgersinger.
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Appeal by the plaintiff, Charles A. Stone, from a judgment of the Supreme Court in favor of the original defendants, in whose place' the present defendant has been substituted, entered in the office of .the clerk of the county of ¡Montgomery on the '7th day of July, 1897, upon the report of a referee dismissing the complaint upon the - merits. ' , This action was. originally brought against Phíletus P. Argérsinger ánd James P., Afgersinger. Since the appeal James P. Argersinger has died, and an order has been entered continuing the action under the above title. . ,
1Opinion of the Court
Landon, J.:
The defendants were manufacturers of gloves and mittens at Johnstown, N. Y., and they employed the plaintiff as, their- traveling salesman, and he seeks to recover in this action a balance which he alleges remains unpaid upon the commissions which he earned in the years 1886 and 1887.
The referee found upon conflicting evidence that the account for the commissions of 1886 was settled and adjusted between the. parties. We have examined the evidence and find no reason to set aside this finding. A separate contract in writing was made for the year 1887, which provided :
“ That the party…
2Cases cited1 opinion
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
3Cited by10 opinions
- Friede v. White Co.District Court, S.D. New York · 1917
- O'Neill v. Eberhard Co.Oregon Supreme Court · 1921
- Barber-Greene Co. v. GouldSupreme Court of Alabama · 1926
- Murray v. Hamilton Beach Manufacturing Co.Wisconsin Supreme Court · 1922
- Booth v. New Process Cork Co.Appellate Division of the Supreme Court of the State of New York · 1921
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