Legal Opinion

Johnston v. Berlin

New York Supreme Court

Decided May 15, 1901Published

Action for an accounting.

1Opinion of the CourtBlanchard, J.

This action is brought to secure an accounting for certain commissions plaintiff claims to be due him from defendants, upon certain alleged sales and duplicate orders, under an agreement whereby plaintiff was employed by defendants as a salesman, and to recover the amount ascertained by such an accounting. Defendants contend that the action is one of which equity cannot take cognizance; that the allegations of the complaint and evidence given upon the trial disclose no relationship between plaintiff and defendants save that of salesman and employers, and that such a relationship will not…

2Cases cited4 opinions

  1. Smith v. . BodineNew York Court of Appeals · 1878
  2. McCullough v. PenceNew York Supreme Court · 1895
  3. Chaurant v. MaillardAppellate Division of the Supreme Court of the State of New York · 1900
  4. Skilton v. PayneNew York Supreme Court · 1896

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