Lund v. Johnson Fare Box Co.

Appellate Division of the Supreme Court of New York

Lund v. Johnson Fare Box Co.

256 A.D. 267, 9 N.Y.S.2d 638, 1939 N.Y. App. Div. LEXIS 4704

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 10, 1939

StatusPublished

This text of 256 A.D. 267 (Lund v. Johnson Fare Box Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lund v. Johnson Fare Box Co., 256 A.D. 267, 9 N.Y.S.2d 638, 1939 N.Y. App. Div. LEXIS 4704 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

The agreement of arbitration was made after the action had been instituted. Following an acknowledgment of a stipulated payment of $2,000 to plaintiff, it provided for arbitration of “ the balance of commissions which I claim due me from the Johnson Fare Box Company.” The quoted language comprehends any claim for commissions arising out of plaintiff’s employment as salesman for defendant’s products. The order directing arbitration entered upon this agreement necessarily embraced all claims for commissions. The plaintiff’s motion for leave to interpose the proposed amended complaint, which sets forth that more moneys are due plaintiff than those stated in the original complaint, should have been granted. The order should be reversed, with twenty dollars costs and disbursements, and plaintiff’s motion for leave to serve an amended complaint granted.

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

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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Per Curiam.

The agreement of arbitration was made after the action had been instituted. Following an acknowledgment of a stipulated payment of $2,000 to plaintiff, it provided for arbitration of “ the balance of commissions which I claim due me from the Johnson Fare Box Company.” The quoted language comprehends any claim for commissions arising out of plaintiff’s employment as salesman for defendant’s products. The order directing arbitration entered upon this agreement necessarily embraced all claims for commissions. The plaintiff’s motion for leave to interpose the proposed amended complaint, which sets forth that more moneys are due plaintiff than those stated in the original complaint, should have been granted. The order should be reversed, with twenty dollars costs and disbursements, and plaintiff’s motion for leave to serve an amended complaint granted.

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

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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Bluebook (online)

256 A.D. 267, 9 N.Y.S.2d 638, 1939 N.Y. App. Div. LEXIS 4704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lund-v-johnson-fare-box-co-nyappdiv-1939.