
    Moritz Freudenberg, Appellant, v. Charles Cooper, Respondent.
    (Supreme Court, Appellate Term,
    December, 1908.)
    Master and servant — Services and compensation—-Wages and other remuneration — Recovery of advances.
    A suit to recover advances made to a salesman employed on a commission basis will not lie during the term of his employment; but such an action is maintainable after the employment has been terminated.
    Appeal by the plaintiff from a judgment in favor of the defendant rendered in the Municipal Court of the city of Hiew York, seventh district, borough of Manhattan.
    Kauffman & Herzberg, for appellant.
    Jackson, Hollander & Frank, for respondent.
   Hendrick, J.

The judgment of the trial court, based on the authority of Schlesinger v. Burland, 42 Misc. Rep. 206, was erroneous. That case is authority for the proposition that, during the term of the salesman’s employment, no suit will lie for advances made, because the salesman may make up for such advances by the earning of commissions at any time before the termination of the employment. In this case the employment was terminated, and the case of Schlesinger v. Burland does not apply.

Giegerich and Ford, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  