Marshall v. Sackett & Wilhelms Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Marshall, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 6th day of February, 1914, upon the dismissal of the complaint hy direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Carr, J.:
This action was brought originally by Willis C. Marshall to recover damages for a breach of contract of hiring between him, as servant or agent, and the defendant corporation, as master or principal. Judgment went against the plaintiff, dismissing his complaint at the close of his case. After this appeal the then plaintiff died and this appellant has been substituted as plaintiff in place of the decedent.
The contract of hiring was evidenced by a writing prepared by the defendant, which reads as follows:
*143“ February 2, 1912.
“Mr. W. 0. Marshall,
“1013 Grand Street,
“Brooklyn, N. Y.:
“Dear…
2Cases cited7 opinions
- Watson v. . GuginoNew York Court of Appeals · 1912
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Rosbach v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- National Cash Register Co. v. Remington Arms Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Doyle v. PageNew York Supreme Court · 1927
- Gabriel v. OpoznauerCity of New York Municipal Court · 1915
- Hebberd v. American Sheet Metal Lath Co.Appellate Terms of the Supreme Court of New York · 1915
- Gressing v. Musical Instrument Sales Co.Appellate Division of the Supreme Court of the State of New York · 1915
3 more not listed; retrieve them via the Exa API.