Freudenberg v. Cooper

Appellate Terms of the Supreme Court of New York

Freudenberg v. Cooper

61 Misc. 314, 113 N.Y.S. 493

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1908

StatusPublished

This text of 61 Misc. 314 (Freudenberg v. Cooper) 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

Freudenberg v. Cooper, 61 Misc. 314, 113 N.Y.S. 493 (N.Y. Ct. App. 1908).

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Opinion

Hendrick, J.

The judgment of the trial court, based on the authority of Schlesinger v. Burland, 42 Misc. Rep. [315]*315206, was erroneous. That case is authority for the proposition that, during the term of the salesman’s employment, no suit will lie for advances made, because the salesman may make up for such advances by the earning of commissions at any time before the termination of the employment. In this case the employment was terminated, and the case of Schlesinger v. Burland does not apply.

Giegerich and Ford, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Hendrick, J.

The judgment of the trial court, based on the authority of Schlesinger v. Burland, 42 Misc. Rep. [315]*315206, was erroneous. That case is authority for the proposition that, during the term of the salesman’s employment, no suit will lie for advances made, because the salesman may make up for such advances by the earning of commissions at any time before the termination of the employment. In this case the employment was terminated, and the case of Schlesinger v. Burland does not apply.

Giegerich and Ford, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Bluebook (online)

61 Misc. 314, 113 N.Y.S. 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freudenberg-v-cooper-nyappterm-1908.

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