Cohen v. Bartgis Bros.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtUntermyer, J.
The defendant appeals from an order of the Special Term which strikes out as insufficient in law so much of the amended answer as asserts the Statute of Frauds as an affirmative defense.
The action is to recover commissions under an oral agreement.
The plaintiff alleges that he was first employed by the defendant in April, 1933, as a salesman upon commission and that, while thus employed, he entered into a supplemental oral contract whereby the defendant agreed to pay commissions “ upon all orders placed by Resolute Paper Products Corp., at any time, whether or not plaintiff was in defendant’s…
2Cases cited6 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Blake v. . VoigtNew York Court of Appeals · 1892
- Edmund D. Hewins, Inc. v. Marlboro Cotton MillsMassachusetts Supreme Judicial Court · 1922
- Fish Clearing House, Inc. v. Melchor, Armstrong, Dessau Co.Washington Supreme Court · 1933
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3Cited by76 opinions
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet IncorporatedCourt of Appeals for the Second Circuit · 1980
- Zupan v. BlumbergNew York Court of Appeals · 1957
- Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
- Darby Trading Inc. v. Shell International Trading & Shipping Co.District Court, S.D. New York · 2008
71 more not listed; retrieve them via the Exa API.