Amos Parrish & Co. v. Kriegel

Appellate Terms of the Supreme Court of New York

Amos Parrish & Co. v. Kriegel

28 Misc. 2d 501, 219 N.Y.S.2d 443, 1960 N.Y. Misc. LEXIS 2720

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 7, 1960

StatusPublished

Cited by1 cases

This text of 28 Misc. 2d 501 (Amos Parrish & Co. v. Kriegel) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amos Parrish & Co. v. Kriegel, 28 Misc. 2d 501, 219 N.Y.S.2d 443, 1960 N.Y. Misc. LEXIS 2720 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The notation on the check that it is an advance against commissions to be earned does not necessarily make the advance a loan, despite the added words “ to be adjusted every month”. Nor was the asserted agreement for a flat salary during the training period inconsistent with the commission arrangement. Hence there were triable issues both on the plaintiff’s cause of action and the counterclaim.

The judgment and order should be reversed, with $10 costs, and motion denied.

Concur—Steuer, J. P., Hofstadter and Aurelio, JJ.

Judgment and order reversed, etc.

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