Spitz v. Heinze
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintifE, Theodore P. Spitz, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of June, 1902, denying the plaintiff's motion for a bill of particulars of the counterclaim set up in the defendant’s answer.
1Opinion of the Court
Laughlin, J.:
The action is brought to recover damages for a breach of contract of employment. The plaintiff alleges that on the 13th day of April, 1900, he was employed by the defendants to manage their domestic hosiery department for the term of three years from the 1st day of June, 1900 ; that his compensation was to be forty per cent of the net profits of that department, the expenses to be deducted being stated; that they were to advance to him the sum of $4,000 per annum in equal monthly installments, such advance to be deducted from his portion of the net profits, but he was not to be…
2Cases cited3 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Taylor v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by11 opinions
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
- Oppenheim v. Sterling Tire Corp.Superior Court of Delaware · 1924
- Szymanski v. Contact Process Co.New York Supreme Court · 1913
- Brewery v. SiekeAppellate Division of the Supreme Court of the State of New York · 1911
- Stern v. Bellas, Hess & Co.Appellate Division of the Supreme Court of the State of New York · 1915
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