84 N.Y.S. 991 | N.Y. App. Term. | 1903
The plaintiff was.employed by one Greenstein as a bookkeeper, and he brought this action against the defendant to recover $100 for commissions which he claims to have earned by having induced his employer, Greenstein, to enter into two contracts with the defendant. The court below found in his favor, and the defendant appeals.
A reversal of the judgment is asked on several grounds, but only one need be considered. The appellant contends that the plaintiff is not entitled to the commissions for the reason that said commissions would be in derogation of his employer’s interest. This contention is supported by abundant authority. The plaintiff had no right, while in the employment of Greenstein, to use his influence to induce his employer to make any contract in which the plaintiff had
The judgment appealed from should be reversed, and a new trial ordered; costs to abide event. All concur.