Singer Manufacturing Co. v. Pollock

Appellate Terms of the Supreme Court of New York

Singer Manufacturing Co. v. Pollock

96 N.Y.S. 202

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1905

StatusPublished

This text of 96 N.Y.S. 202 (Singer Manufacturing Co. v. Pollock) 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

Singer Manufacturing Co. v. Pollock, 96 N.Y.S. 202 (N.Y. Ct. App. 1905).

Pincite

Opinion

MacLEAN, J.

The parties were employer and employe in selling sewing machines at fixed prices, with compensation to the defendant of graded premiums and two sorts of commissions, payable out of the payments turned in by him, but really in anticipation, because refundable if accounts opened by him with his customers proved uncollectible—he undertook the collection—or if the machines repossessed on conditions stated in the written agreement of hiring. Upon discontinuance, by the employer, of the employment, there arose this action, in which was given, and not disputed, evidence of accounts uncollectible, of machines repossessed, of sale below the prices fixed, and of sums collected but not turned over by the defendant, who offered no testimony. All these were disregarded in the award of judgment only for certain items of counterclaim, including $100 deposited to secure the defendant’s fidelity. For this disregard of covenanted obligations, creating practically a new agreement for the parties, the judgment must be reversed, and a new trial ordered.

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

SCOTT, P. J., concurs.

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MacLEAN, J.

The parties were employer and employe in selling sewing machines at fixed prices, with compensation to the defendant of graded premiums and two sorts of commissions, payable out of the payments turned in by him, but really in anticipation, because refundable if accounts opened by him with his customers proved uncollectible—he undertook the collection—or if the machines repossessed on conditions stated in the written agreement of hiring. Upon discontinuance, by the employer, of the employment, there arose this action, in which was given, and not disputed, evidence of accounts uncollectible, of machines repossessed, of sale below the prices fixed, and of sums collected but not turned over by the defendant, who offered no testimony. All these were disregarded in the award of judgment only for certain items of counterclaim, including $100 deposited to secure the defendant’s fidelity. For this disregard of covenanted obligations, creating practically a new agreement for the parties, the judgment must be reversed, and a new trial ordered.

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

SCOTT, P. J., concurs.

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Bluebook (online)

96 N.Y.S. 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singer-manufacturing-co-v-pollock-nyappterm-1905.