Legal Opinion

Walker v. Ideal Gas & Electric Fixture Co.

Appellate Terms of the Supreme Court of New York

Decided June 26, 1916Published

Appeal from Municipal Court, Borough of Manhattan, First District. Action by N. L. Walker against the Ideal Gas & Electric Fixture Company. From a judgment dismissing the complaint, and granting judgment to defendant on its counterclaim, plaintiff appeals. Judgment reversed, and new trial granted.

1Opinion of the CourtBijur, J.

The written complaint alleges that defendant is a domestic corporation, and that plaintiff performed services for defendant as selling agent “at various times from October 6, 1914”; that the amount of the agreed and reasonable value of the services was $226.86, which had not been paid. For a second cause of action, it alleges that plaintiff brought an action in the state of North Carolina against the defendant, “in which action the defendant was duly served by publication,” and that plaintiff recovered in the amount of $108.50, with interest from October 6, 1914, and $5.65 costs; that under…

2Cases cited7 opinions

  1. Pakas v. . HollingsheadNew York Court of Appeals · 1906
  2. Westminster Presbyterian Church of West Twentythird Street v. Trustees of PresbyteryNew York Court of Appeals · 1914
  3. Ward v. . BoyceNew York Court of Appeals · 1897
  4. Lorillard v. . ClydeNew York Court of Appeals · 1886
  5. Frank J. Lennon Co. v. New York Mail Co.New York Supreme Court · 1913

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