Foley v. Western N. Y. & P. R.
Superior Court of Buffalo
Appeal from trial term. Suit by Frank Foley against the Western New York & Pennsylvania Railroad Company to recover upon a quantum meruit for services as a brakeman. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtTitus, C. J.
It appears that at one time the plaintiff was in the employ of the defendant, and that for some reason he was discharged; that he again sought employment under the name of Frank McGuire, and was engaged in the capacity of a brakeman on a freight train. After he had worked 36 days, it became known to the defendant that he was in fact the Frank Foley whom it had previously discharged from its employ, and he was thereupon immediately discharged, apparently for the same reason as for his first discharge. The defendant refused to pay him for his services while employed as Frank McGuire. He…
2Cases cited4 opinions
- M'Lees v. Hale & BowenNew York Supreme Court · 1833
- Camp v. PulverNew York Supreme Court · 1848
- Emmet v. . ReedNew York Court of Appeals · 1853
- Taylor v. ScovilleNew York Supreme Court · 1868