Legal Opinion

Strawn v. Edward J. Brandt-Dent Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1902Published

Appeal by the plaintiff, Winfield S. Strawn, .from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 18th day of December, 1901, pursuant to an order made at the Hew York Trial Term, bearing date the 19th day of Hovember, 1901, and entered in said clerk’s office, granting the defendant’s motion to set aside a verdict theretofore rendered by direction of the court in favor of the plaintiff and…

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Appeal by the plaintiff, Winfield S. Strawn, .from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 18th day of December, 1901, pursuant to an order made at the Hew York Trial Term, bearing date the 19th day of Hovember, 1901, and entered in said clerk’s office, granting the defendant’s motion to set aside a verdict theretofore rendered by direction of the court in favor of the plaintiff and dismissing the complaint on the ground that the court did not have jurisdiction to hear or determine the issues of the action,…

1Opinion of the Court

Laughlin, J.:

This is an action to recover commissions for the month of January, 1901, on the sale of automatic cashiers manufactured by defendant. The action is based on a contract in writing by which the plaintiff was employed as superintendent of agencies, with headquarters in the city of Hew York, and with authority to establish agencies throughout the United States, the compensation agreed upon for his services being a percentage of the gross receipts upon all sales in the territory, whether through him or his agents or not, and he being obligated to pay the subordinate .agents therefrom.

T…

2Cases cited3 opinions

  1. Burckle v. . EckhartNew York Court of Appeals · 1849
  2. Connecticut Mutual Life Assurance Co. v. Cleveland, Columbus & Cincinnati RailroadNew York Supreme Court · 1862
  3. Robertson v. National Steam-Ship Co.The Superior Court of the City of New York and Buffalo · 1891

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