Gray v. . Shepard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made August 7, lS9f, which affirmed a judgment in favor of the original defendant, Elliott F. Shepard, entered upon a verdict, and also approved an order denying plaintiff’s motion for a new trial. The original defendant died while the appeal to the General Term was pending, and his executors were thereupon substituted in his stead.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made August 7, lS9f, which affirmed a judgment in favor of the original defendant, Elliott F. Shepard, entered upon a verdict, and also approved an order denying plaintiff’s motion for a new trial. The original defendant died while the appeal to the General Term was pending, and his executors were thereupon substituted in his stead. The nature of the action and the facts, so far as material,' are stated in the opinion. The learned trial judge erred in charging that the…
1Opinion of the Court
Andrews, Ch. J.
This action was brought to recover damages alleged to have been sustained by the plaintiff in consequence of his wrongful discharge by the original defendant Shepard from his employment on the “ Mail and Express,” a newspaper in the city of 27ew York. The employment was under a written contract dated April 18, 1888. By the contract the plaintiff undertook to devote his whole time (Sundays excepted), and all his energies and talents, “to pushing, the publication, subscription, circulation, advertising, influence and all tlie interests of said newspaper, and in every method he…
2Cited by30 opinions
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- W. P. Fuller & Co. v. SchrenkAppellate Division of the Supreme Court of the State of New York · 1901
- Powell v. SpackmanIdaho Supreme Court · 1901
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