Colloty v. Schuman

The opinion of the court was delivered by

Dixon, J.

In the District Court of Atlantic City the plaintiff sued the defendant for a commission claimed by the plaintiff for renting a hotel at the instance of the defendant. The defendant contended that in employing the plaintiff he acted as the agent of his mother who owned the hotel, and that the plaintiff knew he was so acting. The plaintiff having at the trial testified to his employment by the defendant, and that $42.50 of his commission had been paid by check, further testified on cross-examination that the check was drawn by Mrs. Schuman, and…