Perry v. Dickerson
New York City Court
Appeal by plaintiff from an order granting defendant a new trial. This action was brought by Hiram D. Perry, against Edmund A. Dickerson and Benjamin J. Brown, for a balance of commissions.
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Appeal by plaintiff from an order granting defendant a new trial. This action was brought by Hiram D. Perry, against Edmund A. Dickerson and Benjamin J. Brown, for a balance of commissions. Plaintiff’s complaint alleged that defendants employed him for the term of one year, agreeing, in addition to certain weekly compensation, to pay him certain other sums then undetermined, but to be ascertained at the rate of one-half a cent for each hat that, in the process of defendants’ hat manufactory, should pass through the hands of the plaintiff, or the department of the factory of which he was in…
1Opinion of the Court
Neilson, Ch. J.
By their contract with the plaintiff, the defendants agreed to give him employment for the term of one year, and to pay him for his services $12 a week, and certain commissions on one branch of the work in their factory. They discharged him, without cause, on February 10, 1879, before the end of the term. The weekly payments of $12 had been made, but a balance of the commissions, for which this action was brought, became due on that day, and remained unpaid.
It appeared on the trial that, some days after Ms discharge, the plaintiff brought an action in a justice’s court, against…
2Cases cited16 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Secor v. . SturgisNew York Court of Appeals · 1858
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Bendernagle v. CocksNew York Supreme Court · 1838
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3Cited by1 opinion
- Montrose v. WanamakerNew York Supreme Court · 1890