Cuppy v. Stollwerck Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stollwerok Brothers, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of October, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 31st day of October, 1912, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The plaintiff alleges that on the 7th of January, 1910, he was employed as managing director by the defendant for the year 1910, on the basis of an annual salary in addition to expense money and a percentage of the profits; and that he was discharged on the twenty-fourth of May thereafter. He brought this action to recover the balance unpaid on the salary for the year and his percentage of the profits.
The trial court- ruled, as matter of law, that the evidence proved a contract of employment for the year 1910. The uncontroverted evidence shows that the plaintiff was discharged,…
2Cases cited2 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Granger v. American Brewing Co.Appellate Terms of the Supreme Court of New York · 1899
3Cited by4 opinions
- Hernandez v. Banco De Las AmericasArizona Supreme Court · 1977
- In re SingerNew York Supreme Court · 1947
- Hughes v. Taubel-Scott-Kitzmiller Co.Court of Appeals of Tennessee · 1927
- Gressing v. Musical Instrument Sales Co.Appellate Division of the Supreme Court of the State of New York · 1915