Eames Vacuum Brake Co. v. . Prosser
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered July 22,1895, modifying and, as modified, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The' defendants, as sales agents of the plaintiff, were entitled to receive and retain the commissions sued for.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered July 22,1895, modifying and, as modified, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The' defendants, as sales agents of the plaintiff, were entitled to receive and retain the commissions sued for. (2 Kent’s Comm. 555; Miller v. H. & St. J. R. R. Co., 90 N. Y. 430; Kratzenstein v. West. Ass. Co., 116 N. Y. 54, 57; Holmes v. Hubbard, 60 N. Y. 183; Story on…
1Opinion of the CourtHaight, J.
The plaintiff, a corporation, is engaged in the manufacture of air brakes. In 1877 it entered into, a contract with the defendants whereby it appointed them sole agents throughout the United States and Canada for the sale of all the brakes made by the company, the defendants to receive for their services ten per cent of the net receipts, to be deducted on the receipt of the price paid to them on such sales. In-June, 1882, the defendants leased from the plaintiff, in the absence of the president of the company, all its property, real and personal, including its plant for the manufacture of…
2Cases cited9 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Young v. . HillNew York Court of Appeals · 1876
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- McCreery v. . DayNew York Court of Appeals · 1890
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3Cited by71 opinions
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- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Worcester Color Co. v. Henry Wood's Sons Co.Massachusetts Supreme Judicial Court · 1911
- Komp v. . RaymondNew York Court of Appeals · 1903
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
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