Brick v. Shaff

Full title: HARRY BRICK, Respondent, v . CARL SHAFF and MOSES BRODY, Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 23, 1908

128 App. Div. 264 (N.Y. App. Div. 1908)

112 N.Y.S. 642

Opinion

October 23, 1908.

Louis Jersawitz, for the appellants.

Jonah J. Goldstein, for the respondent.

Present — PATTERSON, P.J., INGRAHAM, LAUGHLIN, CLARKE and SCOTT, JJ.

PER CURIAM:

Plaintiff sues for commissions upon sales made for defendants. Among other things he claims to be entitled to commission upon duplicate orders.

He knows the amount of direct orders he obtained, but alleges that between January 1, 1907, and November 4, 1907, a number of duplicate orders were received and filled by defendants and that he does not know the exact amount due him, and cannot allege the same with certainty. We have uniformly refused an examination before complaint merely to enable the plaintiff to allege the exact amount due him and we see no reason for departing from the rule in this case.

The order should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.