Brewster v. Tax League of America, Inc. — 235 N.Y. 619

Majority

p. 619

William B. Brewster, Respondent, v. The Tax League of America, Inc., Appellant.

Headnote

Contract — services — master and servant — action to recover for services — defense that employment and remuneration was dependent upon success and that having failed nothing was due.

Brewster, v. Tax League of America, 203 App. Div. 481 , affirmed.

(Argued March 21, 1923;

decided April 17, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 21,1922, affirming a judgment in favor of plaintiff entered upon a verdict The action was

p. 620

brought to recover for services alleged to have been performed by the plaintiff for the defendant in organizing a league for reforming the present system of taxation in the United States, and known as the Sales Tax League. The defense was that plaintiff’s employment and remuneration was dependent entirely upon the success of his organization and propaganda work, and that having failed there was no sum due the plaintiff from the defendant.

Herman Aaron and Charles Adkins Baker for appellant.

William P. McCool and Newton W. Gilbert for respondent.'

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.