McCleary v. Malcom Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Daniel J. McOleary against the Malcom Brewing Company. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtWoodward, J.
On the 1st day of May, 1898, the plaintiff and defendant entered into an agreement whereby the plaintiff was to turn over certain customers to the defendant, and thereafter the defendant was to take entire charge of said customers, and of the sales to them and the collection of moneys due from them, and to pay to the plaintiff 5 per cent, commission on all the goods, wares, and merchandise of the defendant sold to such customers after said date, and paid for by them. In January, 1899, the plaintiff herein brought an action against the defendant to recover the commissions due and owing to him…
2Cases cited6 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Perry v. . DickersonNew York Court of Appeals · 1881
- Schell v. . PlumbNew York Court of Appeals · 1874
- Beach v. . CrainNew York Court of Appeals · 1848
- Zimmerman v. . ErhardNew York Court of Appeals · 1880
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