Zunino v. Parodi Cigar Co.

Plaintiff’s complaint set forth two causes of action — (1) for $1,000 for moneys due and payable; (2) damages for unlawful discharge. Defendant’s answer put in issue both causes of action and counterclaimed for damages suffered by reason of plaintiff’s improper performance of his contract to serve. On the trial there seems to have been no serious dispute as to plaintiff’s right to recover the $1,000 already earned. Townsley v. Niagara Life Ins. Co., 218 N. Y. 228-233. Plaintiff had a verdict for $500, which, on plaintiff’s motion, was immediately set aside by the trial justice. On appeal the…