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PARKER v. CULLER FURNITURE CO.

278 A.D. 135 (1951)

Gordon S. Parker, Respondent, v. Culler Furniture Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 10, 1951.

Attorney(s) appearing for the Case

Alfred McCormack of counsel (Albert Rosenblum with him on the brief; Cravath, Swaine & Moore, attorneys), for appellant.

Lawrence S. Timen of counsel (Otis M. Waters with him on the brief; Timen & Waters, attorneys), for respondent.

PECK, P. J., CALLAHAN, VAN VOORHIS and HEFFERNAN, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to affirm, in opinion.

Per Curiam.

The action is to recover commissions alleged to be due upon goods shipped by defendant on orders from customers procured by plaintiff. The answer is a general denial. Defendant moved for an order to examine plaintiff as an adverse party before trial concerning his alleged employment by defendant as a salesman on commission, the services which plaintiff claims to have rendered, and the customers procured...

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