Dwane v. Berlin & Jones Co. — 248 N.Y. 569

Majority

p. 569

John T. Dwane, Respondent, v. Berlin & Jones Company, Inc., Appellant, Impleaded with Another.

Headnote

Commissions — services — action to recover commissions on yearly profits of corporation — Federal income tax not deducted before computation.

Dwane v. Berlin & Jones Co., Inc., 223 App. Div. 712 , affirmed.

(Argued May 1, 1928;

decided May 11, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 20, 1928, affirming a judgment in favor

p. 570

of plaintiff entered upon the report of a referee. The action was to recover commissions on the yearly profits of defendant corporation alleged to be due for services rendered. The only question was whether Federal income taxes should be deducted before the commissions were computed.

Charles I. Taylor and Thomas H. Beardsley for appellant.

Frank S. Gannon, Jr., and M. A. Willment for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.