Daintrey v. Evans
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Laura Daintrey, as administratrix, etc., from a judgment of the Supreme Court in favor of the • defendants, entered in the office of the clerk of the county of New York on the 6th day of May, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term.
1Opinion of the Court
Dowling, J.:
William Daintrey entered the employment of the firm of Arnold, Constable . & Co. in 1877, and at the time of the death of Frederick A. Constable was in charge of its rug and carpet departments, both wholesale and retail. On July 1, 1905, the defendants, constituting the new firm, made an oral agreement with Daintrey by which he was to continue in charge of the' same departments, receiving a salary of $8,000 per year, in addition to five per cent of the net profits of the departments whereof he had charge. Thereafter Daintrey remained in the employ of the firm under this agreement…
2Cases cited2 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Tooey v. C. L. Percival Co.Supreme Court of Iowa · 1921
- Slayback v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1917
- Stilphen v. ElliottUtah Supreme Court · 1918