Eisenrod v. Preiss Trading Corp.

255 A.D. 945, 7 N.Y.S.2d 858

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 2, 1938
• Status: Published

Opinion

Pee Cubiam.

The testimony adduced at the trial, together with the facts stipulated on this appeal, establish that plaintiff is entitled to recover at least the sum of $3,927.91, arrived at as follows:

Debits

Total of invoices assigned...................................... $68,069 95

Luxury tax collected.......................................... 1,368 78

$69,438 73

Credits

$6,098 46 Returns................................

4,957 72 Discount...............................

Collection charges:

Commissions.......................... $1,252 48

Postage.............................. 13 96

1,266 44

53,188 20 Transmitted in cash

- 65,510 82

Balance due plaintiff................. $3,927 91

Following the provisions of the contract, the commissions of $1,252.48 were computed on the gross face value of the invoices, less trade discounts. As the defendant has been credited with the trade discounts on all bills, the only expense it is entitled to, under the contract, is postage. Discounts were not allowable unless the customers paid promptly.

The judgment in favor of plaintiff should be modified by increasing same to $3,927.91, with interest and costs, and, as so modified, affirmed, with costs to plaintiff.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Judgment in favor of plaintiff unanimously modified by increasing same to $3,927.91, with interest and costs, and, as so modified, affirmed, with costs to the plaintiff. Settle order on notice.