Kress v. Manufacturers Trust Co.

Dore, J. (dissenting).

During all the years that the plaintiff performed the work of protesting notes for both the Commonwealth Bank and Manufacturers Trust Company, the banks paid him a regular salary without regard to the volume of protest work or the amounts charged or collected therefor, continued to pay the *95salary when he was on vacation and during illness, and also bore all expense in connection with the work. The fees for plaintiff’s license or appointment as a notary were paid by the banks and not by the plaintiff; the salaries of his two assistants were paid by the Manufacturers Trust…