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JOSEPH TOKER, INC. v. COHEN

67 N.J. Super. 68 (1961)

169 A.2d 838

JOSEPH TOKER, INC., A NEW JERSEY CORPORATION, ASSIGNEE OF CITIES SERVICE OIL COMPANY, INC., A PENNSYLVANIA CORPORATION, PLAINTIFF-APPELLANT, v. JACK COHEN, A/K/A ISADORE COHEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1961.

Attorney(s) appearing for the Case

Mr. Phidias L. Pollis argued the cause for plaintiff-appellant (Messrs. Pollis, Williams & Pappas, attorneys).

Mr. Nathan Reibel argued the cause for defendant-respondent (Messrs. Reibel, Isaac & Tannenbaum, attorneys).

Before Judges CONFORD, FREUND and KILKENNY.

The opinion of the court was delivered by FREUND, J.A.D.

Plaintiff, Joseph Toker, Inc., appeals from a judgment of the Union County District Court, insofar as said judgment denied it the sum of $794.29, consisting of allegedly overpaid commissions to defendant, a former employee.

Plaintiff is a wholly owned subsidiary of Cities Service Oil Co., Inc., and is engaged in the fuel oil distribution business in Elizabeth, N.J. Defendant Cohen had been Toker's general...

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