Simon v. Noma Electric Corp.

Appellate Division of the Supreme Court of New York

Simon v. Noma Electric Corp.

265 A.D. 527, 39 N.Y.S.2d 777, 1943 N.Y. App. Div. LEXIS 6346

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

DecidedFebruary 26, 1943

StatusPublished

This text of 265 A.D. 527 (Simon v. Noma Electric Corp.) 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

Simon v. Noma Electric Corp., 265 A.D. 527, 39 N.Y.S.2d 777, 1943 N.Y. App. Div. LEXIS 6346 (N.Y. Ct. App. 1943).

Pincite

Opinions

Per Curiam.

We think the plaintiff is limited to commissions on the purchase price of $500 for the stock of Air Conditioners Sales Corporation and on $5,750 of salary received by the defendant Marr. The amount of the loans made by Noma Electric Corporation tó Air Conditioners Sales Corporation after it had acquired all the stock was not, in our opinion, within the contemplation of the parties, since such loans would in no way benefit the parties then in control of Air Conditioners Sales Corporation, in whose interest the contract with plaintiff’s assignor was made.

The judgment so far as appealed from should accordingly be modified by reducing the amount to $625, and as so modified affirmed without costs.

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Per Curiam.

We think the plaintiff is limited to commissions on the purchase price of $500 for the stock of Air Conditioners Sales Corporation and on $5,750 of salary received by the defendant Marr. The amount of the loans made by Noma Electric Corporation tó Air Conditioners Sales Corporation after it had acquired all the stock was not, in our opinion, within the contemplation of the parties, since such loans would in no way benefit the parties then in control of Air Conditioners Sales Corporation, in whose interest the contract with plaintiff’s assignor was made.

The judgment so far as appealed from should accordingly be modified by reducing the amount to $625, and as so modified affirmed without costs.

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Bluebook (online)

265 A.D. 527, 39 N.Y.S.2d 777, 1943 N.Y. App. Div. LEXIS 6346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-noma-electric-corp-nyappdiv-1943.